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Home My WebLink About04-3584 Commonwealth of Pennsylvania Court of Common Pleas County of Cumberland 9th Judicial District PRAECIPE TO ENTER JUDGMENT! ENTRY OF JUDGMENT CUMBERLAND COUNTY ADULT PROBATION v. MICAH WINSTON MillER, DEFENDANT Civil Docket No: 0 '1- 3Sf'l ~ Ju- Praecipe to Enter Judgment To the Prothonotary: Enter Judgment in favor of Plaintiff, Cumberland County Adult Probation against Defendant Micah Winston Miller. with respect to Criminal Docket No. CR-1397-2003 in the amount of $ 1,386.00. Date Seal: 7/d..~/~00'1 U)1~ CcXdru- Clerk of Courts Entry of Judgment AND NOW, this 23rd day of July, 2004. Judgment is entered in favor of the Plaintiff and against the Defendant in the amount set forth above. o Prothonotary Micah Winston Miller 16 Rear East Main Street New Kingstown, PA 170720000 --~----------------------------------..-..----_.._------------.-.-.-.-.-.-------------------.--------------.-.-.-.-.-----------------------------.-.-.-.-.-..-..- AOPC 2215 - REV. 7/2312004 Printed: 7/23/2004 9:13:37AM Commonwealth of Pennsylvania Court of Common Pleas County of Cumberland 9th Judicial District Dennis E Lebo Clerk of Courts of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 '* Itemized Account of Fines, Costs, Fees, and Restitution Commonwealth of Pennsylvania v. Micah Winston Miller Docket No: CP-21-CR-0001397-2003 ATJ Administrative Fee (Cumberland) Automation Fee (Cumberland) Commonwealth Cost - HB627 (Act 167 of 1992) County Court Costs (Act 204 of 1976) County Court Costs (Cumberland) Crime Lab User Fee - State Police Crime Victims Compensation (Act 96 of 1984) District Attorney (Cumberland) Domestic Violence Compensation (Act 44 of 1988) Firearm Education and Training Fund (158 of 1994) JCP Non DUI Central Processing Cost (Cumberland) Plea Fee (Cumberland) Sheriff Costs (Cumberland) State Court Cost (Act 204 of 1976) Substance Abuse Education (Act 198 of 2002) Traffic Report Costs (Cumberland) Victim Witness Services (Act 111 of 1998) Total Costs/Fees Total Due AOPC 2123 - 2004 Page 1 012 Total Costs/Fees $1.50 $45.00 $5.00 $15.52 $22.63 $216.00 $525.00 $35.00 $17.00 $10.00 $5.00 $8.50 $200.00 $135.00 $1.50 $10.35 $100.00 $8.00 $25.00 $1,386.00 $1,386.00 $1,386.00 0712212004 10:12:20AM Docket No: CP-21-CR-0001397-2003 This is to certify that Micah Winston Miller ;s indebted to the County of Cumberland for the sum of $1 ,386.00. 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Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERIC W. STONESIFER v. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER CIVIL ACTION No. 02-3584 Defendant JURY TRIAL DEMANDED v. JARROD SLAGLE and DERRICK ZIRKLE, Additional Defendants MOTION TO AMEND JOINDER COMPLAINT AND NOW comes the Defendant, Radisson Penn Harris Hotel and Convention Center, by and through its attorneys, Hartman, Osborne & Rettig, P .C. to file the following Motion to Amend its Joinder Complaint and in support thereof avers as follows: 1. On or about July 24,2002, Plaintiff filed a Complaint against Defendant, Radisson Penn Harris Hotel & Convention Center (hereinafter "Radisson") which alleged that Plaintiff was assaulted by "other patrons" at the Radisson on or about November 10, 2001 as he and his wife left a banquet held at the Radisson. 2. On or about November 5, 2002, Radisson filed a Joinder Complaint against Additional Defendants, Jarrod Slagle and Derrick Zirkle, as these were the individuals who Plaintiff has alleged assaulted him. 3. On or about May 16, 2005, Plaintiff filed a Motion to Amend the Complaint to make a claim for punitive danlages against Defendant, Radisson. . 4. At the time ofthe incident, Additional Defendants were both adults, though Additional Defendant Slagle was under the legal drinking age. S. Additional Defendant Slagle testified that he drank beer purchased by Additional Defendant Zirkle in the room they had rented at the Radisson. 6. Additional Defendants testified that they drank beer prior to and during the banquet. 7. Additional Defendant Slagle testified that he was intoxicated after the banquet dinner. 8. Allegedly, Additional Defendant Slagle while intoxicated, "screamed harassing statements to Plaintiff and his wife," crossed the Radisson parking lot and assaulted the Plaintiff. 9. It is also alleged that Additional Defendant Zirkle "screamed harassing statements to Plaintiff and his wife," crossed the Radisson parking lot and assaulted Plaintiff. 10. Additional Defendants' asserted actions, continuously drinking before and during the banquet at the Radisson, to the point of intoxication and assaulting Plaintiff is sufficient evidence for the jury to determine that Additional Defendants acted recklessly and in reckless disregard of Plaintiffs well being the night he was allegedly assaulted by the Additional Defendants. 11. Furthermore, though evidence of Additional Defendant Slagle obtaining beer at the banquet would not support an assessment of punitive damages against Radisson, to the extent that the jury finds this to be reckless behavior, Additional Defendants are liable to Plaintiff as it was their reckless consumption of the alcoholic beverages which led to the alleged assault of Plaintiff. 2 12. If this Honorable Court grants Plaintiff's Motion to Amend its Complaint, then this Honorable Court should allow Radisson to amend the Joinder Complaint to allow a claim for punitive damages against Additional Defendants as it is not a new cause of action but a damage claim. 13. Additional Defendants would not be prejudiced by the amendment to Defendant's Joinder Complaint to allow a claim for punitive damages. 14. Defendant Radisson has sought concurrence of this Motion from all counsel. Only Plaintiff's counsel has concurred with this Motion. 15. Judge J. Wesley Oler, Jr. had previously ruled on Plaintiff's Motion to Compel. WHEREFORE, Defendant Radisson requests that this Honorable Court issue a Rule to Show Cause as to why the Joinder Complaint should not be allowed to be amended to include a claim for punitive damages. HARTMAN, OSBORNE & RETTIG, P.C. effrey . Rettig, Esquire upreme Ct. I.D. #19616 Jennifer 1. Cohen, Esquire SupremeCt. I.D. #93019 126.128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendant, Radisson Penn Harris Hotel and Convention Center 3 CERTIFICATE OF SERVICE I, Jennifer 1. Cohen, Esquire, hereby certify that I am this day 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, first-class postage prepaid, as follows: Scott 1. Grenoble, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, P A 17042-0049 (Attorney for Jarrod Slagle) Michael S. Ferguson, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 (Attorney for Derrick Zirkle) Archie V. Diveglia, Esquire Diveglia & Kaylor, P.C. Two Lincoln Highway West New Oxford, PA 17350 (Attorney for Plaintifj) HARTMAN, OSBORNE & RETTIG, P.C. By effrey . Rettig, Esquire Supreme Ct. 1.0. #19616 Jennifer 1. Cohen, Esquire Supreme Ct. LD. #93019 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: (!! I I {) 5 I I Attorneys for Defendant, Radisson Penn Harris Hotel and Convention Center ~ 'G> <e ~ I '" Q C- :t:::. --t)u7 c;q~ :z (~~ <.i).,):;r " ......~. ~C' \:i. "--, ~'(:=I 'J'C:: Z 3- q, ~e. :3C;) L:\q, ---0 6~ '70" "'-,~ r g <0 """ ...., % '" .- o u:> -