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HomeMy WebLinkAbout01-2992ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : 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 (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 4. D. ~,79456 (-.~1~ Linglestown Rd. P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 ~7~ u/''/~//~ ~..," Attorneys for Plaintiff DATE: EMH/complaints/intentional tort/hykes.wpd ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Angela Hykes, by and through her attorneys, HANDLER, HENNINO & ROSENBERG, LLP, by Gregory M. Feather, Esq., and makes this Complaint against the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, as follows: 1. Plaintiff, Angela Hykes, is an adult individual who resides at 200 North Locust Street, Shiremanstown, Cumberland County, PA 17011. 2. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park are corporations organized and existing under the laws of Pennsylvania and have their registered address at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055. 3. At all times material hereto, Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., dlb/a Williams Grove Amusement Park, acted or failed to act through their agents, servants and/or employees, acting for, or on behalf of, Defendants under Defendants' control, and within the course and scope of their authority and/or employment with Defendants. 4. At all times material hereto, Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, owned and operated an amusement park under the name of Williams Grove Amusement Park, located at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055. 5. On or about August 7, 1999, Plaintiff, who was 15 years old at the time, reported to work at Williams Grove Amusement Park. Plaintiff was instructed by the office to get a cash box and report to the ticket window to sell tickets. 6. While working her shift, Plaintiff, Angela Hykes, was instructed to do conflicting tasks by Mr. and Mrs. Hughes, the owners of Williams Grove Amusement Park. 7. During her shift, Plaintiff, Angela Hykes, was relieved by Nicole, another employee of Williams Grove, so Angela could take a break. Plaintiff informed Nicole that she was quitting. 8. While the Plaintiff, Angela Hykes, was walking to the pay phone to call her mother to pick her up, two employees of Williams Grove Amusement Park approached Plaintiff and indicated that they heard she was quitting. 9. Defendants' employees instructed Plaintiff, Angela Hykes, that she had to come to the office and have the monies in the cash box assigned to her counted before she could leave. 10. Plaintiff, Angela Hykes, was taken to the office while an employee of Defendants went to retrieve her cash box at the ticket window. 11. The cash boxes are kept in a drawer at the ticket window, where any employee has access to them. 12. Employee(s) of the Defendants took the cash box back to the office. The employees then took the cash box into another room at the office to count the money out of sight of Plaintiff, Angela Hykes. Plaintiff, Angela Hykes, was then informed that a sum of money was missing from the cash box. 13. Plaintiff, Angela Hykes, told Defendants' employees that she did not take the money. 14. Plaintiff, Angela Hykes, was then placed in a room in the office area. The employees told Ms. Hykes to stay in the room and not come out. The door was closed. 15. Plaintiff, Angela Hykes, was accused several times that she took the money and the Police were going to be called. She was required to remain in the room and was told to sit and think about what she had allegedly done. 16. After Plaintiff, Angela Hykes, was in the room for approximately 30 to 60 minutes, Defendants' owner, Mrs. Hughes, instructed two female employees to enter the room and search Plaintiff Angela Hykes' person and possessions. 17. Defendants' female employees first searched Plaintiff, Angela Hykes', backpack. 3 18. Next, Defendants's female employees strip-seamhed Plaintiff, Angela Hykes, requiring Plaintiff to remove her pants, blouse, and bra and remain unclothed while they searched her articles of clothing. 19. Plaintiff, Angel Hykes, stayed in the office for a total of approximately one to two hours and, possibly, as long as three hours. She sat and cried. She did not try to leave because she was scared. She could not call her parents because no telephones were available. 20. As a direct and proximate result of the actions of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, sustained injuries and indignities as set forth more specifically below. COUNT I - Resnondeat SuDerfor 21. Paragraphs 1-20 are incorporated herein as if set forth at length. 22. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., are vicariously liable for the intentional and/or negligent acts or omissions of their agents, servants and/or employees, pursuant to the Doctrine of Respondeat Superior. 23. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Angela Hykes, were caused directly and proximately by the negligence of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., in the following particulars: (a) In failing to have policies and procedures in effect instructing employees how to deal with suspected employee theft. (b) In failing to properly hire and train its employees in how to deal with suspected employee theft; (c) In failing to have policies and procedures in effect against falsely imprisoning minor employees; (d) In failing to have policies and procedures in effect against strip-searching minor employees. 24. As a direct and proximate result of the negligence and/or intentional acts of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the false imprisonment, emotional distress and assault and battery. 25. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 26. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 27. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT II - False Imprisonment 28. Paragraphs 1-27 are incorporated herein as if set forth at length. 29. At the same time and place, employees of the Defendants falsely, publicly, and maliciously accused the Plaintiff, Angela Hykes, of having stolen money from the cash box. 6 30. At such time, the Defendants' female employees by and through the direction of the Defendant, forcibly seized, held and detained Plaintiff, Angela Hykes, against her will and consent by: (a) falsely and maliciously detaining and imprisoning the Plaintiff for several hours by placing her in a room, closing the door, telling her she could not leave, and threatening to call the Police; (b) compelling the Plaintiff to submit to a search of her possessions by Defendants' female employees; and (c) compelling the Plaintiff to submit to a strip-search by Defendants' female employees before she could leave. 31. Plaintiff, Angela Hykes, did not steal any money from the cash box assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendants' employee(s) and requested to be released. 32. Plaintiff's mother was advised several days later by Defendants' owner, Mrs. Hughes, that the money had actually been stolen by another employee and was subsequently returned by that employee. 33. Defendants' employees refused to release Plaintiff, Angela Hykes, but continued their forcible seizure, holding and detaining Plaintiff and threatening her with prosecution for the alleged theft of money from the cash box. They did not allow her to contact her parents or anyone else for assistance. 7 34. Defendants' employees acted in the aforementioned manner without any reasonable or probable cause to falsely imprison Plaintiff, Angela Hykes, which is contrary to the laws of the Commonwealth of Pennsylvania. 35. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 36. As a direct and proximate result of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 37. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., dlb/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). 8 COUNT III - Ne¢diQent Infliction of Emotional Distress 38. Paragraphs 1-37 are incorporated herein as if set forth at length. 39. The statements made by the Defendants were false, in so far as they related to Plaintiff, Angela Hykes. First, she did not steal the money from the cash box assigned to her. Second, she has never committed any crimes. Third, she has at all times complied with the law. 40. As a direct and proximate result of the conduct of the Defendants, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 41. As a direct and proximate result of the conduct of the Defendants, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 42. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 43. As a direct and proximate result of the actions of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 44. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Greve Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Greve Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollare ($25,000.00). COUNT IV - Intentional Infliction of Emotional Distress 45. Paragrephs 1-44 are incorporated herein as if set forth at length. 46. Defendants, Williams Grove Amusement, Inc. and Williams Greve, Inc., d/b/a Williams Grove Amusement Park, by and through its agents, employees, and representatives, intentionally and/or recklessly caused Plaintiff's severe emotional distress by Defendants' extreme and outrageous conduct. 47. As a direct and preximate result of the conduct of the Defendants, by and threugh its agents, employees and representatives, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarressment and various physical injuries resulting from the emotional distress. 10 48. As a direct and proximate result of the conduct of the Defendants, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 49. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 50. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., dA)la Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 51. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). 1! COUNT V - Assault and Battery 52. Paragraphs 1-51 are incorporated herein as if set forth at length. 53. Employees of Defendants assaulted and battered the Plaintiff, Angela Hykes, by strip-searching her. 54. As a direct and proximate result of the conduct of the Defendants, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting form the emotional distress. 55. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 56. As a direct and proximate result of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/bla Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 57. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. ]2 WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT VI - Gross NealiaencslOutrag3eous Conduc* 58. Plaintiff incorporates and makes part of this Complaint paragraphs 1-57, as if set forth at length. 59. The actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/bla Williams Grove Amusement Park, were outrageous and grossly negligent, generally, and more specifically, as described below: (a) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, falsely and maliciously detaining and imprisoning Plaintiff; (b) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, searching Plaintiff's possessions; (c) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to submit to strip-search; and, (d) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, Angela Hykes. 13 60. As a direct and proximate result of the conduct of the Defendants, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 61. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 62. As a direct and proximate result of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 63. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 64. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are permanent in nature. ]4 WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive damages from Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). Respectfully Submitted, HANDI~,~NNINC=-&-EOS~BER .G, LLP ~130Q. J.ifiglestown Road Harr,sburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 15 VERIFICATION The undersigned hereby verifies that the statements in the foregoing COMPLAINT are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the above-named COMPLAINT is of counsel and not my own. I have read the COMPLAINT and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the COMPLAINT is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. ANGOLA H~/I~ES / - Date: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc.,d/b/a Williams Grove Amusement Park, by sending a copy of the same to them by United States Mail, Certified mail, return receipt requested, in Harrisburg, Pennsylvania on June 14, 2002. HAN DL~B~i~N NiNG;~~E~E RG, LLP · ~re~o~J I~1. i~ther, Esq. 'i ~,~tt'orney I.D. #79456 '-- P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 /~ Attorneys for Plaintiff DATE: ~ Z.~ :md II,rmu='h I~cr ,mttu'~d purcm ~md t't 'MBH~I..\NI) L'( )1 iN'FY. 1*I.'5. N~YI V \~1..\ \\ I1 I.I.\M% t iRc)\.'l \VII .I .I.\ M."¢ ( iRI ~\.'1 .. IN('. d b'u \VII.I.I.\M~ I )cl~mdtmxs J I 'R Y I'RIAI. I ~1' ~l..kN DEl ) I~R..X ECl PE It~ I II1' I'I{t)'IIIt~N~I'.XRY ~1' t~'I~MBI.RI .XNI) t'~I'N I'Y: I'lcasc issue tltc Writ of ~ttmmonh tt~uinsl thc Iblloxx ing I)cl~'mbntx mid link c thc %hcrilT of t'uml~crltmd Count) hcrx c Iht kX,'ril: Willi;nms t irox c ..M~mhcl~tcm h~c. I I*m'k Axcm,c Mcchanicsl~ur~. I'A I I{c~pcct 'ttlI> h~dm~ lied. I.IA~I)I.ER, HE~I~(; & RO~I.]~BI~I~(; Commonwealth of Pennsylvania County of Cumberland ANaR3A HYKES, a minor by and through b~r natural parent and 9uardian, ALBERT HYKES VS. WILLIAMS G~OVE AMU~, INC., and WILLIAMS GROVE, INC. d/b/a WILLI~/~S GROVE A~/3S~1~i~T PARK 1 Park Avenue Court of Conunou Plea~ Nechanicsbuzx2, PA 17055 No. 01-2992 Civil Term 19 .... Civil Acti~ - Law To Williams Grove ~musement, Inc., and William Grove, Inc. d/b/a Williams Grove ~usement Park You are hereby notified that . the Plzinfiff has commenced an action in Civil Actioll - Law aga/nst you which you are required to defend or a default judgment may be entered against ~ou. (SEAL) SHERIFF ' S RETURN - REGLr~ CASE NO: 2001-02992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HYKES ANGELA ET AL VS WILLIAMS GROVE AMUSEMENT INC CPL MICK BkRRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WILLIAMS GROVE AMUNSEMENT INC the DEFENDANT , at 0840:00 HOURS, on the 23rd day of May , 2001 at 1 PARK AVENUE MECHANICSBURG, PA 17055 by handing to MORGAN HUGHES OWNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: .,00 Service 5.58 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.58 05/24/2001 HANDLER HENNING & ROSENBERG Subscribed to before By:~,~///,'~'~~'/ Sworn and me this ~ day of Deput] ~ ~-~! A.D. ! ~r6thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-02992 P COMMONWEALTH OF PENNSYLV;%NIA: COUNTY OF CUMBERLAND HYKES ANGELA ET AL VS WILLIAMS GROVE AMUSEMENT INC CPL MICK BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WILLIAMS GROVE INC the DEFENDANT , at 0840:00 HOURS, on the 23rd day of May , 2001 at 1 PARK AVENUE MECHANICSBURG, PA 17055 by handing to MORGAN HUGHES a true and attested copy of WRIT OF SU~rMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/24/2001 HANDLER HENNING & ROSENBERG Sworn and S%/bscribed to before By:~~/~/~ me this 3~ ~ day of ~/S~her~if~ ~ ~/~/ A.D. ! tProthonotary , -'?~.JE COPY FROM RECORD ~. ..e ~ el ~ ~t m ~a'~, I~, Commonwealth of Pennsylvania County of Cumberland ANGELA HYKES, a minor by and through her natural parent and 9uardian, ALBERT HYKES VS. WILLIAMS GNOVE AMUS~I~T, INC., and WILLI~/~S GNOVE, INC. d/b/& WILLIAMS GRDVE ~3S~I~IWT PARK 1 Park Avenue Court o[ Conu-non Pleas Mechanicsburg, PA 17055 01-2992 Civil Tezm No ...................................... 19 .... Civil Action - Law To --W-i-l-1-'--~-----G---rP3~------/~----e~e--n-t-'--I-n-c--':----a~---William Grove, Inc. d/b/a Williams Grove ~musement Park You are hereby no'lied that , the Plaintiff has commenced an action in Civil Action - Law aga/nst you which you are required to defend or a default judgment may be entered aEa/nst you. (SEAL) Prothonotar,/ Date May 17, 2001 19 ..... -'-- .............................. Deputy ANGELA HYKES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. v. : CIVIL ACTION - LAW WILLIAMS GROVE AMUSEMENT, : NO. 01-2992 Civil Term INC., and WILLIAMS GROVE, INC., d/b/a WILLIAMS GROVE AMUSEMENT PARK Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary Please enter the appearance of David R. Breschi, Esquire, Melissa A. Swauger, Esquire, and the law firm of Shumaker Williams, P.C., as counsel for Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park. SHUMAKER WILLIAMS, P.C. Dated:~"~ ~/ ~cO'Z,~ BY~hi, i.~DD.~~ Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 : 1 0,579 CERTIFICATE OF SERVICE I, David R. Breschi, Esquire, ofthelaw firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Gregory M. Feather, Esquire HANDLER, HENNING & ROSEN-BERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff SHUMAKER WILLIAMS, P.C. Dated: ~,J~'~ '~/"~ c.¢~.~ By~ David R Breschi, I D #5 Melissa A. Swanger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Lmsmm. R(2'F~ FI}R LZS'I'ZgG CA~ ~O~ ARG~I~,. TO THE PRO~ONOTARY OF CUHBF, RLAND COlJN~Yt P~I~ ].~s~ the ~cL~Lp ua~e~ L~F tim ne~ A,.-'~j~t: GOULd. CAp, TON OL:' CASE (I),,fenlmmt:) 'NC). 01 Ci~l. 2992 2002 {. sto~e M%~e~ to be e~ (~.e., l}2o~u~_4ff's mot~n t~ m t~d~, de~mxSmt'o ~m-~ ~ ~, Defe~nts' Prelim/nary Objections to Plaintiff's C~,~laint (nj fur ..~{A{n+;Ff: ~vid R. Breschi a~ ~lis~ A. ~ ~ ~ will~, P.C. P.O. ~ 88 ~is~, PA 17108 (b) ~ ~: ~, ~G & ~G P.O. ~ 60337 ~is~, PA 17106 4, A.-'~ ~ ~'~: July 24, 2002 T~B't;ld; 7/5/02 A~ f~ Defe~ants ANGELA HYKES, a minor, by : IN THE COURT OF COMMON PLEAS and through her natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian, ALBERT HYKES, : Plaintiffs : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : JURY TRIAL DEMANOED PRAECIPE TO CHANGE CAPTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please change the above caption, docketed to No. 01-2992, to the following caption: ANGELA HYKES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW WILLIAMS GROVE AMUSEMENT, INC., and NO. 01-2992 Civil Term WILLIAMS GROVE, INC., d/bla WILLIAMS GROVE AMUSEMENT PARK Defendants JURY TRIAL DEMANDED Angela Hykes was a minor at the time litigation was initiated and, at this time, is reflects this change in status. Thank no longer a minor and the new caption '~-' ~ ~ P ~-/~..G.~r~gory M. F'~ather, Esq. / 1-300 Linglestown Rd., ~'_...Harrisburg, PA 17106 Tel. No.: 717-238-2000 Supreme Court ID No. 79456 Date: ~/14/C7_. Attorneys for Plaintiff ANGELA HYKES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : WILLIAMS GROVE AMUSEMENT, : NO. 01-2992 Civil Term INC., and WILLIAMS OROVE, INC., : d/b/a WILLIAMS GROVE : AMUSEMENT PARK, : Defendants : DEFENDANTS' PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT NOW COMES Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park by its attorneys, Shamakcr Williams, P.C., to make the following Preliminary Objection, pursuant to Pennsylvania Rule of Civil Procedure 1025(a)(4), to the Plaintiff's Complaint: 1. In Count I of Plaintiff's Complaint, she purports to state a cause of action for "Respondent Superior" and seeks damages in an amount in excess of $25,000. 2. In Count II of Plaintiff' s Complaint, she purports to state a cause of action for "False Imprisonment" and seeks damages in an amount in excess of $25,000. 3. In Count IIl of Plaintiff's Complaint, she purports to state a cause of action for "Negligent Infliction of Emotional Distress" and seeks damages in an amount in excess of $25,000. 4. In Count IV of Plaintiff's Complaint, she purports to state a cause of action for "Intentional Infliction of Emotional Distress" and seeks damages in an amount in excess of $25,000. 5. In Count V of Plaintiff's Complaint, she purports to state a cause of action for "Assault and Battery" and seeks damages in an amount in excess of $25,000. 6. In Count VI of PlaintifF s Complaint, she purports to state a cause of action for"Gross Negligence/Outrageous Conduct" and seeks compensatory and punitive damages in an amount in excess of $25,000. 7. Essentially, Plaintiff s claims in Counts I through VI are premised on an investigation that Defendants conducted, including examination of Plaintiff, when they suspected that Plaintiff stole money while selling tickets as an employee of Defendants. g. Plaintiff claims that she was injured by this investigation. 9. Thus, Plaintiffaileges that she was injured by the negligent and/or intentional acts of her employer, Defendants, and/or its employees. 10. Plaintiffhas failed to state any valid cause of action in Counts I through VI because the Pennsylvania Workmen's Compensation Act ("PWCA") provides the exclusive remedy against an employer for injuries occurring within the course and scope of employment. 77 Pa.C.S.A. §4gl(a). 11. The legal immunity which is afforded to employers under the PWCA extends not only to acts of negligence, but also to claims based on intentional, wanton, and willful misconduct. 12. Furthermore, as a result of the PWCA, an employer cannot be held directly or vicariously liable to a plaintiff for any harm caused by the acts of its employees, regardless of whether the conduct was intentional or negligent. 13. Accordingly, the PWCA bars Plaintiffs claims of "Respondeat Superior," "False Imprisonment," "Negligent Infliction of Emotional Distress," "Intentional Infliction of Emotional Distress," "Assault and Battery," and "Gwss Negligence/Outrageous Conduct." 2 WHEREFORE, Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park respectfully request that, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), this Honorable Court sustain its Preliminary Objection to Counts I through VI on the basis that such Counts are legally insufficient. David R. Bre~chi, I.D. #59001 Meli~sa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendants : 144625 3 CERTIFICATE OF SERVICE I, David R. Breschi, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Defendants' Preliminary Objection to Plaintiff's Complaint on this date by depositing a copy of the same in the possession ofthe United States Mail, first-class, postage prepaid, addressed as follows: Gregory M. Feather, Esquire HANDLER, HENNING & ROSENBERG, LLP P.O. Box 60337 Harrisburg, PA 17106 SHUMAKER WILLIAMS, P.C. Dated: ~ ~/~r'~ By vld~R. B~sch~i~ P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 0t-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby ceftin/that true and correct copies of the Plaintiff's First Set of Interrogatories Directed Upon the Defendants, Williams Grove Amusements, Inc. and Williams Grove, Inc. and of the Plaintiff's First Request for Production of Documents Directed Upon the Defendants, Williams Grove Amusements, Inc. and Williams Grove, Inc. were served on the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc.,dlb/a Williams Grove Amusement Park, by sending a copy of the same to the owner of said Defendant establishments, Morgan C. Hughes, Willow Grove, Inc., 1 Park Avenue, Mechanicsburg, PA 17055 by United States Mail, in Harrisburg, Pennsylvania on July 10, 2002. , ...~r'~g(~ry M. Peather, Esq. Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff DATE: ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : 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 (20) days after this complaint and notice are served, by entedng a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 -'~.~D '~BERG B Y__~"C¥'?~_~ _ _~ G-reg'¥3[y-I~.. Feather, Esq. I.D. #7.~456 ,.130~0~inglestown Rd. .... -"P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 ,, -~-'?'~°.~J~ ~.. Attorneys for Plaintiff DATE: J JW/complaints/hykes_amend_compl.wpd ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 0t-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK, and : : , Defendants : JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes the Plaintiff, Angela Hykes, by and through her attorneys, HANDLER, HENNINO & ROSENBERG, LLP, by Gregory M. Feather, Esq., and makes this Amended Complaint against the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, as follows: 1. Plaintiff, Angela Hykes, is an adult individual who resides at 200 North Locust Street, Shiremanstown, Cumberland County, PA 17011. 2. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park are corporations organized and existing under the laws of Pennsylvania and have their registered address at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant Morgan C. Hughes is an adult individual who, at all time material to this action, is the owner, agent, representative, employee and/or servant of Defendant, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055. 4. Defendant Ingrid Hughes is an adult individual who, at all time material to this action, is the owner, agent, representative, employee and/or servant of Defendant, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055. 5. At all times material hereto, Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, acted or failed to act through their agents, servants and/or employees, acting for, or on behalf of, Defendants under Defendants' control, and within the course and scope of their authority and/or employment with Defendants. 6. At all times material hereto, Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, owned and operated an amusement park under the name of Williams Grove Amusement Park, located at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055. 7. On or about August 7, 1999, Plaintiff, who was 15 years old at the time, reported to work at Williams Grove Amusement Park. Plaintiff was instructed by the office to get a cash box and report to the ticket window to sell tickets. 8. While working her shift, Plaintiff, Angela Hykes, was instructed to do 2 conflicting tasks by Mr. and Mrs. Hughes, the owners of Williams Grove Amusement Park. 9. During her shift, Plaintiff, Angela Hykes, was relieved by Nicole, another employee of Williams Grove, so Angela could take a break. Plaintiff informed Nicole that she had quit. 10. While the Plaintiff, Angela Hykes, was walking to the pay phone to call her mother to pick her up, two employees of Williams Grove Amusement Park approached Plaintiff and indicated that they heard she was quitting. 11. Defendants' employees instructed Plaintiff, Angela Hykes, that she had to come to the office and have the monies in the cash box assigned to her counted before she could leave. 12. Plaintiff, Angela Hykes, was taken to the office while an employee of Defendants went to retrieve her cash box at the ticket window. 13. The cash boxes are kept in a drawer at the ticket window, where any employee has access to them. 14. Employee(s) of the Defendants took the cash box back to the office. The employees then took the cash box into another room at the office to count the money out of sight of Plaintiff, Angela Hykes. Plaintiff, Angela Hykes, was then informed that a sum of money was missing from the cash box. 15. Plaintiff, Angela Hykes, told Defendants' employees that she did not take the money. 16. Plaintiff, Angela Hykes, was then placed in a room in the office area. The employees told Ms. Hykes to stay in the room and not come out. The door was closed. 3 17. Plaintiff, Angela Hykes, was accused several times that she took the money and the Police were going to be called. She was required to remain in the room and was told to sit and think about what she had allegedly done. 18. After Plaintiff, Angela Hykes, was in the room for approximately 30 to 60 minutes, Defendants' owner, Mrs. Hughes, instructed two female employees to enter the room and seamh Plaintiff Angela Hykes' person and possessions. 19. Defendants' female employees first searched Plaintiff, Angela Hykes', backpack. 20. Next, Defendants's female employees strip-seamhed Plaintiff, Angela Hykes, requiring Plaintiff to remove her pants, blouse, and bra and remain unclothed while they searched her articles of clothing. 21. Plaintiff, Angel Hykes, stayed in the office for a total of approximately one to two hours and, possibly, as long as three hours. She sat and cried. She did not try to leave because she was scared. She could not call her parents because no telephones were available. 22. As a direct and proximate result of the actions of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, sustained injuries and indignities as set forth more specifically below. COUNT I - Res=ondeat Su=erior 23. Paragraphs 1-22 are incorporated herein as if set forth at length. 24. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., 4 d/b/a Williams Grove Amusement Park, Inc., ara vicariously liable for the intentional and/or negligent acts or omissions of their agents, servants and/or employees, pursuant to the Doctdne of Respondeat Superior. 25. The occurrance of the aforementioned incident and the resulting injuries to the Plaintiff, Angela Hykes, wera caused diractly and proximately by the negligence of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, inc., d/b/a Williams Grove Amusement Park, Inc., in the following particulars: (a) In failing to have policies and proceduras in effect instructing employees how to deal with suspected employee theft. (b) In failing to properly hire and train its employees in how to deal with suspected employee theft; (c) In failing to have policies and proceduras in effect against falsely imprisoning minor employees; (d) In failing to have policies and proceduras in effect against strip-seamhing minor employees. 26. As a diract and proximate rasult of the negligence and/or intentional acts of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes, sufferad severa emotional distrass, pain, anguish, humiliation and embarrassment and various physical injuries rasulting from the false imprisonment, emotional distrass and assault and battery. 27. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a 5 Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her groat loss, humiliation, and embarrassment. 28. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her groat physical, emotional, and financial detriment and loss. 29. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her groat detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT II - False Imr~risonment Anaela Hvkaa v. Williams Grove Amusement. Inc., and ;, ' Park 30. Paragraphs 1-29 ara incorporated herein as if set forth at length. 31. At the same time and place, employees of the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, falsely, publicly, and maliciously accused the Plaintiff, Angela Hykes, of having stolen money from the cash box. 32. At such time, the Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park's, female employees by and through the direction of the Defendants, fomibly seized, held and detained Plaintiff, Angela Hykes, against her will and consent by: (a) falsely and maliciously detaining and imprisoning the Plaintiff for several hours by placing her in a room, closing the door, telling her she could not leave, and threatening to call the Police; (b) compelling the Plaintiff to submit to a search of her possessions by Defendants' female employees; and (c) compelling the Plaintiff to submit to a strip-seamh by Defendants' female employees before she could leave. (d) In failing to have policies and procedures in effect against falsely imprisoning minor employees; 33. Plaintiff, Angela Hykes, did not steal any money from the cash box assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendants', Williams Grove Amusement, Inc., and Williams (3rove, Inc., d/bla Williams Grove Amusement Park's, employee(s) and requested to be released. 7 34. Plaintiff's mother was advised several days later by Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park's owner, Mrs. Hughes, that the money had actually been stolen by another employee and was subsequently returned by that employee. 35. Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park's, employees refused to release Plaintiff, Angela Hykes, but continued their fomible seizure, holding and detaining Plaintiff and threatening her with prosecution for the alleged theft of money from the cash box. They did not allow her to contact her parents or anyone else for assistance. 36. Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park's, employees acted in the aforementioned manner without any reasonable or probable cause to falsely imprison Plaintiff, Angela Hykes, which is contrary to the laws of the Commonwealth of Pennsylvania. 37. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her groat loss, humiliation, and embarrassment. 38. As a direct and proximate result of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to 8 endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 39. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., dlb/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT III - False Imori$onment Aneela Hvkes v. Moraan C. Hughes 40. Paragraphs 1-39 are incorporated herein as if set forth at length. 41. At the same time and place, Defendant, Morgan C. Hughes, falsely, publicly, and maliciously accused the Plaintiff, Angela Hykes, of having stolen money from the cash box for personal reasons, in that Plaintiff informed Defendant, Morgan C. Hughes, that she had quit. 42. At such time, the Defendant, Morgan C. Hughes, ordered female employees by and through his direction to, forcibly seize, hold and detain Plaintiff, Angela Hykes, against her will and consent by: (a) In falsely and maliciously detaining and imprisoning the Plaintiff, Angela Hykes, for several hours for personal reasons, in that she 9 informed Defendant, Morgan C. Hughes, that she had quit, by placing her in a reom, closing the door, telling her she could not leave, and threatening to call the Police; (b) In compelling the Plaintiff, Angela Hykes, for purely personal reasons, in that she informed Defendant, Morgan C. Hughes, that she had quit, to submit to a seamh of her possessions by Defendants' female employees; and (c) In compelling the Plaintiff, Angela Hykes, for purely personal reasons, in that she informed Defendant, Morgan C. Hughes, that she had quit, to submit to a strip-seamh as ordered by Defendant, Morgan C. Hughes, before she could leave; 43. Plaintiff, Angela Hykes, did not steal any money from the cash box assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendant, Morgan C. Hughes, and requested to be released. 44. Plaintiff's mother was advised several days later by Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park's owner, Mrs. Hughes, that the money had actually been stolen by another employee and was subsequently returned by that employee. 45. Defendant, Morgan C. Hughes, refused to release Plaintiff, Angela Hykes, but continued his fomible seizure, holding and detaining Plaintiff and threatening her with prosecution for the alleged theft of money from the cash box. He did not allow her to contact her parents or anyone else for assistance. ]0 46. Defendant, Morgan C. Hughes, acted in the aforementioned manner without any reasonable or prebable cause to falsely imprison Plaintiff, Angela Hykes, which is contrery to the laws of the Commonwealth of Pennsylvania. 47. As a direct and preximate result of the negligence and/or intentional acts of Defendant, Morgan C. Hughes, and the resulting injuries and emotional treuma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and frem attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 48. As a direct and preximate result of Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 49. As a direct and proximate result of the actions of Defendant, Morgan C. Hughes, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and 00/100 dollare ($25,000.00). COUNT IV - False Imorisonment An;;ela Hvkes v. Inarid Huahes 50. Paragraphs 1-49 are incorporated herein as if set forth at length. I! 51. At the same time and place, Defendant, Ingrid Hughes, falsely, publicly, and maliciously accused the Plaintiff, Angela Hykes, of having stolen money from the cash box for personal reasons, in that Plaintiff informed Defendant, Ingrid Hughes, that she had quit. 52. At such time, the Defendant, Ingrid Hughes, ordered female employees by and through his direction to, fomibly seize, hold and detain Plaintiff, ^ngela Hykes, against her will and consent by: (a) In falsely and maliciously detaining and imprisoning the Plaintiff, Angela Hykes, for several hours for personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit, by placing her in a reom, closing the door, telling her she could not leave, and threatening to call the Police; (b) In compelling the Plaintiff, Angela Hykes, for purely personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit, to submit to a search of her possessions by Defendants' female employees; and (c) In compelling the Plaintiff, Angela Hykes, for purely personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit, to submit to a strip-search as ordered by Defendant, Ingrid Hughes, before she could leave; 53. Plaintiff, ^ngela Hykes, did not steal any money from the cash box assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendant, Ingrid Hughes, and requested to be released. 54. Plaintiff's mother was advised several days later by Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park's owner, Defendant, Ingrid Hughes, that the money had actually been stolen by another employee and was subsequently returned by that employee. 55. Defendant, Ingrid Hughes, refused to release Plaintiff, Angela Hykes, but continued his forcible seizure, holding and detaining Plaintiff and threatening her with prosecution for the alleged theft of money from the cash box. He did not allow her to contact her parents or anyone else for assistance. 56. Defendant, Ingrid Hughes, acted in the aforementioned manner without any reasonable or probable cause to falsely imprison Plaintiff, Angela Hykes, which is contrary to the laws of the Commonwealth of Pennsylvania. 57. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained by, and infiicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her groat loss, humiliation, and embarrassment. 58. As a direct and proximate result of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her groat physical, emotional, and financial detriment and loss. ]3 59. As a direct and proximate result of the actions of Defendant, Ingrid Hughes, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT V - Neoliaent Infliction of Emotional An(]ela Hvkes v. Williams Grove Amusement. Inc.. and Williams Grove. Inc.. dlb/a Williams Grove Amusement Park 60. Paragraphs 1-59 are incorporated herein as if set forth at length. 61. The statements made by the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, were false, in so far as they related to Plaintiff, Angela Hykes. First, she did not steal the money from the cash box assigned to her. Second, she has never committed any crimes. Third, she has at all times complied with the law. 62. As a direct and proximate result of the conduct of the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 63. As a direct and proximate result of the conduct of the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, ]4 anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 64. As a direct and proximate result of the conduct of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 65. As a direct and proximate result of the actions of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 66. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT VI - Neallaent Infliction of Emotional Distres~ Anaela Hvkes v. Moraan C. Huahes 67. Paragraphs 1-66 ere incorporated herein as if set forth at length, 68. The statements made by the Defendant, Morgan C. Hughes, were false, in so far as they related to Plaintiff, Angela Hykes. First, she did not steal the money from the cash box assigned to her. Second, she has never committed any crimes. Third, she has at all times complied with the law. 69. As a direct and proximate result of the conduct of the Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 70. As a direct and proximate result of the conduct of the Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and vadous physical injuries resulting from the emotional distress. 71. As a direct and proximate result of the conduct of the Defendant, Morgan C. Hughes, and the resulting injudes and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 72. As a direct and proximate result of the actions of the Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 16 73. As a direct and proximate result of the actions of the Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT VII - Nealioent Infliction of Emotional Distress Anaela Hvkes v. Inarld Huahes 74. Paragraphs 1-73 are incorporated herein as if set forth at length. 75. The statements made by the Defendant, Ingrid Hughes, were false, in so far as they related to Plaintiff, Angela Hykes. First, she did not steal the money from the cash box assigned to her. Second, she has never committed any crimes. Third, she has at all times complied with the law. 76. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 77. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 17 78. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 79. As a direct and proximate result of the actions of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 80. As a direct and proximate result of the actions of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT VIII - Intentional Infliction of Emotional Ang~ela Hvkes v. Williams Grove Amusement. Inc.. and Williams Grove. Inc.. dlb/a Williams Grove Amusement Park 81. Paragraphs 1-80 are incorporated herein as if set forth at length. 82. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., 18 d/b/a Williams Grove Amusement Park, by and through its agents, employees, and representatives, intentionally and/or recklessly caused Plaintiff's severe emotional distress by Defendants' extreme and outrageous conduct. 83. As a direct and proximate result of the conduct of the Defendants, by and through its agents, employees and representatives, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 84. As a direct and proximate result of the conduct of the Defendants, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her groat financial loss and damage. 85. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her groat loss, humiliation, and embarrassment. 86. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her groat physical, emotional, and financial detriment and loss. 87. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT IX - Intentional Infliction of Emotional Distress AnQela Hvkes v. Moraan C. Huflhes 88. Paragraphs 1-87 are incorporated herein as if set forth at length. 89. Defendant, Morgan C. Hughes, intentionally and/or recklessly caused Plaintiff's severe emotional distress by Defendant's extreme and outrageous conduct directed at Plaintiff for purely personal reasons, in that she informed Defendant, Morgan C. Hughes, that she had quit. 90. As a direct and proximate result of the conduct of the Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 91. As a direct and proximate result of the conduct of the Defendant, Morgan 20 C. Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 92. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 93. As a direct and proximate result of the actions of Defendant, Morgan C, Hughes, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 94. As a direct and proximate result of the actions of Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT X - Intentional Infliction of Emotional Distress Anaela Hvkes v. Inarid Hughes 95. Paragraphs 1-94 are incorporated herein as if set forth at length. 96. Defendant, Ingrid Hughes, intentionally and/or recklessly caused 2! Plaintiff's severe emotional distress by Defendant's extreme and outrageous conduct directed at Plaintiff for purely personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit. 97. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 98. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to her great financial loss and damage. 99. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 100. As a direct and proximate result of the actions of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 101. As a direct and proximate result of the actions of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 22 WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, I ngrid Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT Xl - Assault and Battery Anoela Hvkes v. Williams Grove Amusement. Inc., and Williams Grove. Inc.. dlbla Williams Grove Amusement Park 102. Paragraphs 1-101 are incorporated herein as if set forth at length. 103. Employees of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, assaulted and battered the Plaintiff, Angela Hykes, by strip-seamhing her. 104. As a direct and proximate result of the conduct of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting form the emotional distress. 105. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 106. As a direct and proximate result of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 107. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT Xll - Assault and Battery AnQela Hvkes v. Moman C. H,_,aheo 108. Paragraphs 1-107 are incorporated herein as if set forth at length. 109. As Defendant, Morgan C. Hughes, assaulted the Plaintiff, Angela Hykes, by personally attacking Plaintiff, Angela Hykes, while she was a minor, repeatedly over the course of her employment through the use of foul and otherwise abusive language and by ordering a strip-searching her; 110. As a direct and proximate result of the conduct of the Defendant, 24 Morgan C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injudes resulting form the emotional distress. 111. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 112. As a direct and proximate result of Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 113. As a direct and proximate result of the actions of Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT Xll - Assault and Anaela Hvkes v. Inarid Huahe,, 114. Paragraphs 1-113 are incorporated herein as if set forth at length. 115. As Defendant, Ingrid Hughes, assaulted the Plaintiff, Angela Hykes, by personally attacking Plaintiff, Angela Hykes, while she was a minor, repeatedly over the course of her employment through the use of abusive language and by ordering a strip-searching her; 116. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting form the emotional distress. 117. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 118. As a direct and proximate result of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 119. As a direct and proximate result of the actions of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT Xlll - Gross NealiaencelOutraaeous Conduct Anaela Hvkes v. Williams Grove Am,_,_~e.qlent. Inc.. and · ', - -- dlbla Williams Grove Amu=_ement Park 120. Plaintiff incorporates and makes part of this Complaint paragraphs 1-119, as if set forth at length. 121. The actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, were outrageous and grossly negligent, generally, and more specifically, as described below: (a) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, falsely and maliciously detaining and imprisoning Plaintiff; (b) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, searching Plaintiff's possessions; (c) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to submit to strip-search; and, (d) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, Angela Hykes. 122. As a direct and proximate result of the conduct of the Defendants, the 27 Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 123. As a direct and proximate result of the negligence and/or intentional acts of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 124. As a direct and proximate result of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 125. As a direct and proximate result of the actions of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 126. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive damages from Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT XlV - Gross Nealiaence/Outraaeous Conduct Anaela Hvkes v. Moman C. Hueh~a 127. Plaintiff incorporates and makes part of this Complaint paragraphs 1-126, as if set forth at length. 128. The actions of Defendant, Morgan C. Hughes, were outrageous and grossly negligent, generally, and more specifically, as described below: (a) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, falsely and maliciously detaining and imprisoning Plaintiff for purely personal reasons, in that she informed Defendant, Morgan C. Hughes, that she had quit; (b) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, seamhing Plaintiff's possessions for purely personal reasons, in that she informed Defendant, Morgan C. Hughes, that she had quit; (c) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to submit to stdp-seamh for purely personal reasons, in that she informed Defendant, Morgan C. Hughes, that she had quit; and, (d) In otherwise acting with reckless indifference for purely personal reasons, in that Plaintiff, ^ngela Hykes, informed Defendant, Morgan C. Hughes, that she had quit to the rights and safety of Plaintiff. 129. As a direct and proximate result of the conduct of the Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 130. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 131. As a direct and proximate result of Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 132. As a direct and proximate result of the actions of Defendant, Morgan C. Hughes, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 133. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are permanent in nature. 30 WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive damages from Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). COUNT XV - Gross NeQliaence/Outraaeous Conduc~ Anaela Hvkes v. In¢;rid 134. Plaintiff incorporates and makes part of this Complaint paragraphs 1-133, as if set forth at length. 135. The actions of Defendant, Ingdd Hughes, were outrageous and grossly negligent, generally, and more specifically, as described below: (a) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, falsely and maliciously detaining and imprisoning Plaintiff for purely personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit; (b) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, searching Plaintiff's possessions for purely personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit; (c) In willfully, wantonly, and with conscious disregard for the consequences and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to submit to strip-search for purely personal reasons, in that she informed Defendant, Ingrid Hughes, that she had quit; and, 3] (d) In otherwise acting with reckless indifference for purely personal reasons, in that Plaintiff, Angela Hykes, informed Defendant, Ingrid Hughes, that she had quit to the rights and safety of Plaintiff. 136. As a direct and proximate result of the conduct of the Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation and embarrassment and various physical injuries resulting from the emotional distress. 137. As a direct and proximate result of the negligence and/or intentional acts of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 138. As a direct and proximate result of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 139. As a direct and proximate result of the actions of Defendant, Ingrid Hughes, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 140. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive damages from Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00). Respectfully Submitted, HA~a3~R,]H ~E~ ROS.E~BE RG, LLP ~. I~eather, Esq. 56 ~l~16estown Road 'Rarrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 33 VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) GREGORY M. FEATHER, ESQ. states that he is the attorney for the party filing the tbregoing document; that hc makes this Amended Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to thc penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn t~lsification to authorities. ~ //~E~RY ~I. ~TA-T~R, ESQ. . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc.,d/b/a Williams Grove Amusement Park, by sending a copy of the same to their attorneys of record, David R. Breschi, Esq., Shumaker Williams, P.C., P.O. Box 88, Harrisburg, PA 17108, by United States Mail, Certified mail, return receipt requested, in Harrisburg, Pennsylvania on July,,~', 2002. BH L R, H .~~..~~~& SENBERG, LLP J' /'~regory M. Feather, Esq. ~ttorney I.D. #79456 ,~ ~P.O. Box 80337 Harrisburg, PA 17106 (717) 238-2000 DATE: ,~-~ ~'/~ Attorneys for Plaintiff ! 27. : IN THE COURT OF COMMON PLEAS OF Angela Hykes : CUMBERLAND COUNTY, PENNSYLVANIA : ; V : ; ; Williams Grove Amusement, Inc. and Williams : Grove, Inc., d/b/a Williams Grove Amusement Park : NO. 01-2992 CIVIL TERM '. AND NOW, July 24, 2002, by agreement of counsel, the above-captioned matter is continued from the July 24, 2002 Argument Court list. Counsel is directed to relist the ease when r~ady. By the Court, ,~Y, ielissa A::Swauger, Esquire For the Plaintiff _/~regory M. Feather, Esquire For the Defendant Court Administrator ld ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2992 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please replace the attorney-executed Verification to the Amended Complaint that had been filed in this matter on July 25, 2002, with the attached Plaintiff-executed Verification. Thank you. HANDLER, HENN~Gj&-ROSENI~G, LLP ( A~ney I.D. ~79456 '"-1'300 Linglestown Rd, Harrisburg, PA 17110 (717) 238-2000 ~Z~.'~ A. orneys ~r Plaintiff DATE: '// VERIFICATION THE UNDERSIGNED hereby verifies that thc statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not of my own. I have read the said document and, to the extent that it is based on intbrmation that I gave to counsel, it is truc and correct to the best of my knowledge, intbrmation and belief. To the extent that the contents of the said document is that of counsel. I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject u~swom faisificat~to authorities. THE pR~ON~A~Y OF C~RL~D ~T~ON OF W~T,T,T-~MS ~ AMUS]~, INC. ~.T.~ ~, ~C., d/b/a ~nts '!~o. 2992 C.,%~'~J. Term ~ 2001 1. $~a~e ~t~e~ to be ~ (i.e., ;l~t4~'s =~ f= n~ [~al, c~t"m ~ ~o cc~t, e~.): Preliminary Gbjection of Defe~nnts Williams Grove Amusement, Inc. and williams Grove, Inc. to plaintiff's ~mended G~laint (a) £u~ _~lA~Hff: David R. B~eschi and Melissa A. Sw~uger ad~: Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA 17108 (b) ~ dBL--: ~c:jc~ M. Feather ~k~: Handler, Henning & Rosenberg PoO. Box 60337 Harrisburg, PA 17106 4. A,~CJWm~t~ Dmto: October 23, 2002 8/14/02 A%~ fox Defendants ANGELA HYKES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : WILLIAMS GROVE AMUSEMENT, : NO. 01-2992 Civil Term INC., and WILLIAMS GROVE, INC., : d/b/a WILLIAMS GROVE : AMUSEMENT PARK, : Defendants : PRELIMINARY OI]~ECTION OF DEFENDANTS WILLIAMS GROVE AMUSEMENT. INC. AND WILLIAMS GROVE. INC. TO PLAINTIFF'S AMENDED COMPLAINT NOW COME Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park (hereinat~er "instant Defendants")~ by its attorneys, Shumaker Williams, P.C.,to make the following Preliminary Objection, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), to the Plaintiff's Amended Complaint: 1. In Count I of Plaintiff's Amended Complaint, she purports to state a cause of action for "Respondeat Superior" and seeks damages from the instant Defendants in an amount in excess of $25,000. 2. In Count II of Plaintiff's Amended Complaint, she purports to state a cause of action for "False Imprisonment" and seeks damages from the instant Defendants in an amount in excess of $25,000. 'The Plaintiff's Amended Complaint is defective as to Morgan C. Hughes and lngrid Hughes; Plaintiff's Amended Complaint violates Pennsylvania Rule of Civil Procedure 1018 because Morgan C. Hughes and lngrid Hughes are not listed as parties in the caption, even though Plaintiffhas named Morgan C. Hughes and lngrid Hughes as Defendants and aileged counts against them in the body of the Amended Complaint. In addition, it is the instant Defendants' best information and belief that Morgan C. Hughes and Ingrid Hughes have not been properly served with Plaintiff's Amended Complaint. 3. In Count V of PlaintiWs Amended Complaint, she purports to state a cause of action for "Negligent Infliction of Emotional Distress" and seeks damages from the instant Defendants in an amount in excess of $25,000. 4. In Count VIII of Plaintiff's Amended Complaint, she purports to state a cause of action for "Intentional Infliction of Emotional Distress" and seeks damages from the instant Defendants in an amount in excess of $25,000. 5. In Count XI of Plaintiff's Amended Complaint, she purports to state a cause ofaction for "Assault and Battery" and seeks damages from the instant Defendants in an amount in excess of $25,000. 6. In Count XIII of Plaintiff's Amended Complaint, she purports to state a cause of action for "Oross Negligence/Outrageous Conduct" and seeks compensatory and punitive damages from the instant Defendants in an amount in excess of $25,000. 7. Plaintiff's claims in Counts I through XV are premised on an investigation that the instant Defendants conducted, including examination of Plaintiff, when they suspected that Plaintiff stole money while selling tickets as an employee of the instant Defendants. g. Piaintiffclaims that she was injured by this investigation. 9. Thus, Plaintiffaileges that she was injured by the negligent and/or intentional acts of her employer, the instant Defendants, and/or its employees. 10. Plaintiff has failed to state any valid cause of action in the Amended Complaint against the instant Defendants because the Pennsylvania Workmen's Compensation Act ("PWCA") provides the exclusive remedy against an employer for inj uries occurring within the course and scope of employment. 77 Pa.C.S.A. §481 (a). 2 11. The legal immunity which is afforded to employers under the PWCA extends not only to acts of negligence, but also to claims based on intentional, wanton, and willful misconduct. 12. Furthermore, as a result of the PWCA, an employer cannot be held directly or vicariously liable to a plaintiff for any harm caused by the acts of its employees, regardless of whether the conduct was intentional or negligent. 13. Section 411 ofthe PWCA provides that the term "injury arising in the course of [her] employment" shall not include "an injury caused by an act of a third person intended to injure the employe because of reasons personal to him, and not directed against him as an employe or because of his employment." 77 Pa.C.S.A. §411(1). 14. In order for an injury to an employee, caused by the act of a third party, to come within this "personal animus" exception to the PWCA, a plaintiffmust allege that the injury was caused for purely personal reasons and not because of his or her employment. Groffv. Southland Com., 956 F. Supp. 560 (M.D. Pa. 1997). 15. In an effort to circumvent the PWCA, Plaintiff alleges that Morgan C. Hughes and Ingrid Hughes falsely accused Plaintiff of stealing money "for persoual reasons." 16. in direct contradiction of this averment, Plaintiff also contends that Morgan C. Hughes and Ingrid Hughes, "at all time[s] material to this action, [are] the owner[s], agent[s], representative[s], employee[s], and/or servant[s] of" the instant Defendants. See Amended Comnlalnt, ~1]3-4. 17. Plalntiffhas failed to aver in her Amended Complaint that she was not acting within the scope of her employment when she was allegedly injured by the investigation or that the instant 3 Defendants, Morgan C. Hughes. or Ingrid Hughes were acting outside the scope of their employment. 18. Furthermore, Plaintiff has failed to state any allegations establishing a personal animus, concerning the conduct of Morgan C. Hughes and Ingrid Hughes. 19. A mere recital that the owners and agents of the instant Defendants accused the Plaintiff of stealing ~'for personal reasons" does not avoid the bar of the PWCA. 20. Accordingly, Plaintiff fails to state valid claims of "Respondeat Superior," "False Imprisonment," "Negligent Infliction of Emotional Dislxess," "Intentional Infliction of Emotional Distress," "Assault and Battery," and "Oross Negligence/Outrageous Conduct" against the instant Defendants. WHEREFORE, Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park respectfully request that, pursuant to Pennsylvania Rule of Civil Procedure 102g(a)(4), this Honorable Court sustain its Preliminary Objection to Plaintiff's Amended Complaint on the basis that it is legally insufficient. SHUMAKER WILLIAMS, P.C. David R. Breschi, I.D. #59001 Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendants :146381 4 CERTIFICATE OF SERVICE I, Melissa A. Swauger, Esquire, of the law finn of Shumaker Williams, P.C., hereby certify that I served a tree and correct copy of the foregoing Preliminary Objection of Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. to Plaintiff's Amended Complaint on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Gregory M. Feather, Esquire HANDLER, HENNING & ROSENBERG, LLP P.O. Box 60337 Harrisburg, PA 17106 SHUMAK. ER WILLIAMS, P.C. Melissa A. Swauger P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2982 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER ,H?INING & ROSEN~ERO, LLP ~j,~]l~,'Feathe r, Esq. 1300 Linglestown Rd. ~-.--~"Harriaburg, PA 17110 Tel. No.: 717-238-2000 ~ ~..?~,~.~.~ Supreme Court ID No. 79486 Attorneys for Plaintiff DATE: ANGELA HYKES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW : WILLIAMS GROVE : AMUSEMENT, INC., and : NO. 01-2902 Civil Term WILLIAMS GROVE, INC., : dlbla WILLIAMS GROVE : AMUSEMENT PARK : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the attorney's Verification in the Plaintiff's Answer to Defendants' New Matter filed with your office on December 15, 2003, in this matter. Thank you. ,ANDL.F..R; "E~NING &..~ERG, LLP Attorne, y'l.D. #79456 ~---. tc~00"[~i~glestown Rd. Harrisburg, PA 17110 (717) 238-2000 12 j.~/~7''-'' Attorneys for Plaintiff DATE: VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. Thc language of the above-named document is of counsel and not of my own. 1 have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, in)brmation and belief. To the extent that the contents of the said document is that of counsel. I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d), relating to unswom tb. lsification to authorities. DATE: lO Itb(f~ A~