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HomeMy WebLinkAbout12-5701 C Karl R.Hildabrand,Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O.Box 1245 Harrisburg,PA 17108-1245 (717)233-6633(telephone) LANJ COUNTY (717)233-7003 (facsimile) LE N NS Y L VA N I-A Atty No.PA30102 khildabrand @laverylaw.com Attorney for Defendant JAMES ASCH,JR., : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. NO.: 12-5701 BAR B-Q CORPORATION, a/k/a CIVIL ACTION- LAW T-A BAR-B-Q CORPORATION t/a BAR-B-Q TAVERN, Defendants. NOTICE TO PLEAD To: James Asch, Jr. Derrek W. Cummings, Esquire McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624' You are hereby notified to file a written response to the enclosed Answer of Defendant and New Matter, within twenty (20) days from service hereof or a judgment may be entered against you. Lavery Faherty Patterson DATE: By: arl R. Hildabrand, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 Karl R. Hildabrand,Esquire Lavery Faherty Patterson 225 Market Street,Suite 304 P.O.Box 1245 Harrisburg,PA 17108-1245 (717)233-6633 (telephone) (717)233-7003 (facsimile) Arty No.PA30102 khildabrand@laverylaw.com Attorney for Defendant JAMES ASCH,JR., : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.: 12-5701 BAR B-Q CORPORATION, a/k/a CIVIL ACTION -LAW T-A BAR-B-Q CORPORATION t/a BAR-B-Q TAVERN, Defendants. DEFENDANT'S ANSWER AND NEW MATTER I It is admitted that the Plaintiff is James Asch,Jr. Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in Paragraph I and the averments are therefore denied. 2. Admitted. 3. Denied as stated. It is admitted that the Defendant, through its agents, servants, workmen and/or employees owned, operated, maintained and was otherwise responsible for the operation of the Bar-B-Q Tavern, including its parking lot and walkways adjacent to the tavern located at the stated address. The remaining averments of Paragraph 3 are specifically denied and proof thereof is demanded at trial, 4. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 4 and the averments are therefore denied. 5. Denied Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 5 and the averments are therefore denied. 6. Denied The averments of Paragraph 6 are specifically denied and proof thereof is demanded at trial. i 7. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 7 and the averments are therefore denied. 8. Denied. The averments of Paragraph 8 are specifically denied and proof thereof is demanded at trial. On the contrary, it is believed that Plaintiffs medical conditions, if any, predated the date of the alleged incident. 9. Denied. The averments of Paragraph 9 are specifically denied and proof thereof is demanded at trial. 10. Denied. The averments of Paragraph 10 are specifically denied and proof thereof is demanded at trial. 11. Denied. Paragraph 11 states a conclusion of law to which no answer is required and the averments are therefore denied. 12. Denied. The averments of Paragraph 12 are specifically denied and proof thereof is demanded at trial. 2 13. Denied. The averments of Paragraph 13 are specifically denied and proof thereof is demanded at trial. 14. Denied The averments of Paragraph 14 are specifically denied and proof thereof is demanded at trial. On the contrary, the area involved in Plaintiff's alleged incident was open, obvious, and any"slip/trip and fall"was caused solely by the negligence, carelessness and/or recklessness of the Plaintiff. 15. Denied. Paragraph 15 states a conclusion of law to which no answer is required and the averments are therefore denied. 16. Denied. The averments of Paragraph 16(a)through(h) are specifically denied and proof thereof is demanded at trial. COUNT 1 NEGLIGENCE (Plaintiff v.Defendant) 17. The averments of Paragraphs 1 through 16 hereof are incorporated herein by reference. 18. Denied. Paragraph 18 states a conclusion of law to which no answer is required and the averments are therefore denied. 19. Denied. The averments of Paragraph 19 are specifically denied and proof thereof is demanded at trial. 20. Denied. The averments of Paragraph 20 are specifically denied and proof thereof is demanded at trial. 21. Denied. The averments of Paragraph 21 are specifically denied and proof thereof is demanded at trial. 3 22. Denied. The averments of Paragraph 22 are specifically denied and proof thereof is demanded at trial. 23. Denied. The averments of Paragraph 23 are specifically denied and proof thereof is demanded at trial. 24. Denied. The averments of Paragraph 24 are specifically denied and proof thereof is demanded at trial. 25, Denied. The averments of Paragraph 25 are specifically denied and proof thereof is demanded at trial. 26. Denied. The averments of Paragraph 26 are specifically denied and proof thereof is demanded at trial. 27. Denied. The averments of Paragraph 27 are specifically denied and proof thereof is demanded at trial. 28. Denied. The averments,of Paragraph 28 are specifically denied and proof thereof is demanded at trial. 29. Denied. The averments of Paragraph 29 are specifically denied and proof thereof is demanded at trial. 30. Denied. The averments of Paragraph 30 are specifically denied and proof thereof is demanded at trial. NEW MATTER 31. Plaintiff s claim is barred by the Statute of Limitations. 32. Plaintiff s claim is barred, in whole or in part,by the provisions of the Pennsylvania Comparative Negligence Statute. 33. Plaintiff assumed the risk of his alleged injuries. 4 34. Any medical conditions from which Plaintiff allegedly suffers pre-existed the date of the alleged incident in question. 35. Plaintiff has failed to mitigate his damages. Respectfully submitted, LAVERY FAHERTY PATTERSON DATE: l� By: r R. Hildabrand, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA30102 khildabrand@laverylaw.com Attorney for Defendant 5 VERIFICATION 1, 6fa-VI'Ate U being duly authorized as a representative of Bar B-Q Corporation,hereby veri Q-.-that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: �D 6 CERTIFICATE OF SERVICE 1, Karl R. Hildabrand, Esquire, with the law firm of Lavery Faherty Patterson, do hereby certify that on this 0(,- 7day of March, 2013, 1 served a true and correct copy of the foregoing ') Defendant's Answer and New Matter, via U.S. First Class mail, postage prepaid, addressed as follows: Larry Weisberg, Esquire McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 Attorney for Plaintiff WKR.Ck ,-Esquire 7 � 1 2813 APIA —2 AM 1B: 24 CIMBEPLAtiB c;Ol. Na', PENNSYLVAk4jA Derrek W. Cummings, Esquire Attorney for Plaintiff Attorney I.D. No.: 83286 James Asch,Jr. McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 717-238-5707(phone) 717-233-8133(fax) dcummings @mwcfirm.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES ASCH, JR., Plaintiff, NO. 12-5701-CIVIL V. CIVIL ACTION - LAW BAR-B-Q CORPORATION, a/k/a T-A BAR-B-Q CCORPORATION t/a BAR-B-Q TAVERN, Defendant. JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, James Asch, Jr., by and through his counsel, McCarthy Weisberg Cummings, P.C., hereby files the this Plaintiffs Answer to Defendant's New Matter, and states the following in support thereof: 31. The averments of Paragraph 31 of Defendant's New Matter are a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of said Paragraph 31 are DENIED. Derrek W. Cummings, Esquire Attorney for Plaintiff Attorney I.D. No.: 83286 James Asch,Jr. McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 717-238-5707(phone) 717-233-8133(fax) dcummings @mwcfirm.com 32. The averments of Paragraph 32 of Defendant's New Matter are a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of said Paragraph 32 are DENIED. 33. The averments of Paragraph 33 of Defendant's New Matter are a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of said Paragraph 33 are DENIED. 34. The averments of Paragraph 34 of Defendant's New Matter are DENIED. 35. The averments of Paragraph 31 of Defendant's New Matter are a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of said Paragraph 35 are DENIED. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter, and enter judgment in Plaintiffs favor and against Defendant. Respectfully submitted, cCarthy Weisb rg Cummings, P.C. D to Derrek W. Cummings, Esquire Sup. Ct. I.D. #83286 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 (717) 233-8133 (FAX) dcummings @mwcfirm.com Attorneys for Plaintiff Derrek W.Cummings.Esq,&e Attorney I.D.No.:83286 A[tomq for pWrl iffff "CC*ft WeW)Wg Cummings,P.C. Jwes Asch,Jr. 2041 Herr Sheet Harp,PA 17103-1624 717-238,5707(phone) 717-233-8133(fac) dcummin"n,mcfirm.Corn VERIFICATION 1, James Asch, Jr., verify that I am a Plaintiff in the foregoing Plaintiffs Answer to Defendant's New Matter and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief, and that this verification is subject to the Penalties of 18 Pa-C.S. §4904 relative to unworn falsification to authorities. Dated: Y7t/ �� , 2013 Ja Asch, Jr. Derrek W. Cummings, Esquire Attorney for Plaintiff Attorney I.D. No.: 83286 James Asch,Jr. McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 717-238-5707(phone) 717-233-8133(fax) dcummings@mwcfirm.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Answer to Defendant's New Matter was served upon counsel of record this z"d day of April, 2013, by depositing said copy in the United States Mail, postage prepaid, first class delivery, to the following: Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, Pennsylvania 17108-1245 Attorney for Defendant McCarthy Weisberg Cummings, P.C. S Derrek W. Cummings, Esquir McCarthy Weisberg Cummings, P.C. '1' 1i_ - f•t Derrek W.Cummings, Esquire I t i t� 9 q 'Ci TF-1f1;.tD lAt Attorney I.D. No.: 83286 2041 Herr Street ; 21 PH f; Harrisburg, PA 17103-1624 717-238-5707(phone) CUM ERLAND COUNTY 717-233-8133(fax) dcummings©mwcfirm.com PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • • JAMES ASCH, JR., Plaintiff, NO. 12-5701-CIVIL • • v. • CIVIL ACTION - LAW • BAR-B-Q CORPORATION, a/k/a • T-A BAR-B-Q CCORPORATION t/a • BAR-B-Q TAVERN, • Defendant. • JURY TRIAL DEMANDED PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered and directed to enter, as indicated, the following on the records thereof: A. 1. ❑ The within suit is Settled, Discontinued and Ended WITH costs paid. 2. N The within suit is Settled, Discontinued and Ended WITH Prejudice and costs paid. 3. ❑ The within suit is Settled, Discontinued and Ended WITHOUT Prejudice and costs paid. B. 1. ❑ Satisfaction of the award in the within suit is acknowledged. 2. ❑ Satisfaction of Judgment, with interest and costs, in the within suit is acknowledged. C. ❑ Other: v a DATE: October 18, 2013 Signatu e of Authorizing Pa WITNESS (if signor is other than a registered attorney): Attorney or Notary Type or Print Name of Above Signor COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS; AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE ENALTIES OF 18 Pa.C.S. § 4904 RELATING TO UNSWORN FALSIFI ATI•N TO HORITIES. Signatur- w CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Praecipe and Power of Attorney for Satisfaction and/or Termination was served upon counsel of record this 18th day of October, 2013, by depositing said copy in the United States Mail, postage prepaid, first class delivery, to the following: Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, Pennsylvania 17108-1245 Attorney for Defendant \Garth Weis r• ■ ummings, P.C. t Derrek Cummings