HomeMy WebLinkAbout13-4882 Supreme C �� o ' ennsylvania
Court Pc ommo � leas For Prothonotary Use Only:
{41, �.� t
CiVil Cover Sheet
f h— •� u Docket No:
Cumberland
S ST
County _ `U'. -t
3 0 3 �� c
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S El Complaint ~J Writ of Summons 0 Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Kelli Pines and Sean Pines behalf of Brody & Caiden Pirif Tiffanie T. Gorman
T Dollar Amount Requested: MU within arbitration limits
I Are money damages requested? 0 Yes I_ No (check one) F outside arbitration limits
O
N Is this a Class Action Suit? Yes X, No Is this an MDJAppeal? ❑ Yes ED No
A Name of Plaintiff /Appellant's Attorney: Karl E. Rominger, Esquire
IJ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mrass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Buyer Plaintiff Administrative Agencies
J Malicious Prosecution G Debt Collection: Credit Card 0❑ Board of Assessment
J Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance 1 q Dept. of Transportation
01 Premises Liability 0 Statutory Appeal: Other
S 0 Product Liability (does not include 0 Employment Dispute:
mass tort)
E El Slander/Libel/ Defamation Discrimination
C El Other: Employment Dispute: Other Ci Zoning Board
, Negligence Other:
I IJ Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort - DES
0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
� 01 Ejectment 0 Common Law /Statutory Arbitration
B Other: 0 0 Eminent Domain /Condemnation [] Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord /Tenant Dispute ❑ Non - Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental -; Partition 0 Replevin
0 Legal IJ Quiet Title 0 Other:
Medical 0 Other:
0 Other Professional:
Updated 1/1/201.1
t ILL,
Karl E. Rominger, Esquire
p .t 3 , ,
Rominger & Associates 23 � 3 A 1 P14 3: 22 c
PA Attorney License No. 81924
155 South Hannover Street CUMBERLAND C%1LIN' T
Carlisle, PA 17013 PENNSYLVANIA
(717) 241 -6070 Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY,
PENNSYLVANIA
KELLI PINES, and SEAN PINES (Husband and Wife) DOCKET NO.:' 3 — (1 gc'2 �� u
On Behalf of BRODY PINES (A Minor) and ref
On Behalf of CAIDEN PINES (A Minor)
Plaintiffs CIVIL ACTION — LAW
V.
TIFFANIE T. GORMAN
Defendant .
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE..
Cumberland County Bar Association C
32 South Bedford Street ��:://
Carlisle, PA 17013 �03 ��QQ�/77�
Phone: (717) 249 -3166 // ✓
(800) 990 -9108 C 137
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the
Court, please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the Court. All arrangements must be made at least 72 hours
prior to any hearing or business before the court. You must attend the scheduled conference
Karl E. Rominger, Esquire
Rominger & Associates
PA Attorney License No. 81924
155 South Hannover Street
Carlisle, PA 1701.3
(717) 241 -6070 Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY,
PENNSYLVANIA
KELLI PINES, and SEAN PINES (Husband and Wife) DOCKET NO.:
On Behalf of BRODY PINES (A Minor) and
On Behalf of CAIDEN PINES (A Minor)
Plaintiffs CIVIL ACTION — LAW
V.
TIFFANIE T. GORMAN
Defendant
COMPLAINT
AND NOW, comes Plaintiffs, Kelli Pines, and Sean Pines on behalf of Brody Pines (A
Minor) and Caiden Pines (A Minor) by and through their counsel, Karl E. Rominger, Esquire,
and submits the following:
1. Kelli Pines, is an adult individual residing at 6230 Peregrine Way, Mechanicsburg, PA
17050 in Cumberland County.
2. Sean Pines, is an adult individual residing at 6230 Peregrine Way, Mechanicsburg, PA
17050 in Cumberland County.
3. Brody Pines, is a minor child with date of birth 5/24/2007, and son of Kelli Pines and
Sean Pines.
4. Caiden Pines is a minor child with a date of birth 3/17/2005, and son of Kelli Pines and
Sean Pines.
5. Tiffanie T. Gorman (hereinafter Defendant) is an adult individual believed to be residing
at 39 Sagamore Bend Plaza, Spring, TX 77382.
6. On or about September 22, 2011'Plaintiff at the request of a friend proceeded to Shaull
Elementary School to drop off her elementary aged daughter at soccer practice.
7. Upon arrival to Shaull Elementary School a Defendant approached Plaintiff with the full
intent of verbally confronting Plaintiff. Defendant's conduct was with reckless disregard to the
Plaintiff's children who were near -by to witness the confrontation.
8. While in the presence of minor children Brody Pines and Caiden Pines, Defendant
negligently or intentionally and with reckless disregard to the Plaintiff and /or her young children,
lost emotional control of herself and suddenly without any provocation from the Plaintiff,
violently physically assaulted the Plaintiff.
9. Defendant did negligently cause serious injuries to the Plaintiff's facial bones, eye
sockets, and eyes resulting in Plaintiff having to seek medical and neurological care as well as an
seeing an Ophthalmologist. Plaintiff underwent surgical procedures for the orbital fracture
whereas Plaintiff has a permanent synthetic device inserted in her eye socket to properly hold her
eye ball in place. Moreover, Plaintiff has the potential of sustained retina detachment resulting
in blurred vision.
10. Defendant did thus cause multiple fractures to Plaintiff's Mother's face to include but not
limited to a broken nose resulting in Plaintiff suffering from witnessing the brutal blows and
hearing the screams of fear and panic from their Mother.
COUNT I — INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
11. The previous paragraphs are incorporated herein as if fully set at length.
12. The willful and cruel acts of Defendants in front of the minor children of the woman she
assaulted was designed to punish both the victim and her children, the Plaintiffs herein.
13. The Plaintiffs saw and heard the assault of their Mother.
14. The children have suffered severe emotional distress including psychological
disturbances and nightmares.
15. The conduct was so outrageous as to warrant punitive damages. .
WHEREFORE Plaintiff requests Honorable Court award her compensatory and punitive
damages in excess of $50,000.00.
COUNT II. NEGLIGENT INFLICTIONOF EMOTIONAL DISTRESS
16. The acts of Defendant in front of the minor children of the woman she assaulted was of
such a shocking and disturbing nature that there can be no justification.
17. The Plaintiffs saw and heard the assault of their Mother.
18. The Plaintiff children have suffered severe emotional distress including psychological
disturbances and nightmares.
19. It was foreseeable that young children who witness their Mother assaulted would be
emotionally traumatized by the same.
20. The conduct was so outrageous as to warrant punitive damages.
WHEREFORE, Plaintiffs request an award of compensatory and punitive damages in excess of
$50,000.00.
Respectfully Submitted,
ROMINGER & ASSOCIATES
Date:
Karl E. minger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241 -6070
Supreme Court ID #81924
Attorney for Plaintiff
Karl E. Rominger; Esquire
Rominger & Associates
PA Attorney License No. 81924
155 South Hannover Street
Carlisle, PA 17013
(717) 241 -6070 Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY,
PENNSYLVANIA
KELLI PINES, and SEAN PINES (Husband and Wife) DOCKET NO.:
On Behalf of BRODY PINES (A Minor) and
On Behalf of CAIDEN PINES (A Minor)
Plaintiffs CIVIL ACTION — LAW
V.
TIFFANIE T. GORMAN
Defendant
VERIFICATION
We verify that we are the Plaintiffs and that the statements made in the foregoing Petition
are true and correct. 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:
Kelli so of rody and Caiden Pines
Date: 13
ea� es on behalf of Brody and Caiden Pines
Fit-E -OFFICE
OF THE Piri'O H-ONOTAP,
20 -3 SEP -9 FM 2= 41
GUMBERLAND COUNTY
#PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I
KELLI PINES and SEAN PINES (Husband CIVIL DIVISION
and Wife), on behalf of Brody Pines (A
Minor) and on behalf of Caiden Pines (A NO. 2013-4882
Minor),
Plaintiffs, PRAECIPE FOR APPEARANCE
V. (Jury Trial Demanded)
TIFFANIE T. GORMAN,
Defendant.
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, P.C.
Firm'#911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#20127
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KELLI PINES and SEAN PINES (Husband CIVIL DIVISION
and Wife), on behalf of Brody Pines (A
Minor) and on behalf of Caiden Pines (A
Minor), NO. 2013-4882
Plaintiffs,
V. (Jury Trial Demanded)
TIFFANIE T. GORMAN,
Defendant.
PRAECIPE FOR APPEARANCE
TO: THE PROTHONOTARY
Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the
law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the
Defendant, Tiffanie T. Gorman, in the above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE SKEEL, P.C.
By:
Kevin D. lRauch, Esquire
Counsel for Defendant
S , ,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE
FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class
mail, postage pre-paid, this 5th day of September, 2013.
Karl E. Rominger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(Attorney for Plaintiffs)
SUMMERS, Mc€3ONNELL, HUDOCK,
GUTHRIE & KEEL, P.
By:
K vin auch, Esquire
ounsel or Defendant
f
+� t"Cu
A lfi , tlrh �
23130(.7
C U ERt_4ND
' CG�U,IT'
� P1NS YLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KELLI PINES and SEAN PINES (Husband CIVIL DIVISION
and Wife), on behalf of Brody Pines
(A Minor) and on behalf of Caiden Pines NO. 2013-4882
(A Minor),
Plaintiffs, PRELIMINARY OBJECTIONS
v. (Jury Trial Demanded)
TIFFANIE T. GORMAN,
Defendant.
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#20127
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KELLI PINES and SEAN PINES (Husband CIVIL DIVISION
and Wife), on behalf of Brody Pines
(A Minor) and on behalf of Caiden Pines
(A Minor), NO. 2013-4882
Plaintiffs,
(Jury Trial Demanded)
v.
TIFFANIE T. GORMAN,
Defendant.
PRELIMINARY OBJECTIONS
AND NOW, come the Defendant, Tiffanie T. Gorman, by and through her
counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch,
Esquire, and files the following Preliminary Objections:
I. STATEMENT OF FACTS
1. According to the Plaintiffs' Complaint this action stems from an incident
that occurred on or about September 22, 2011, at Shaul! Elementary School.
2. The remainder of the alleged facts are unclear.
3. The Defendant now files these Preliminary Objections to the Plaintiffs'
Complaint.
11. Plaintiffs' failure to specifically and concisely set forth all material facts
upon which they asserts their claims, substantially limits and may preclude the
Defendant from preparing an effective defense thereto.
WHEREFORE, the Defendant respectfully requests this Honorable Court strike
the scandalous and impertinent language with prejudice or, in the alternative, require
the Plaintiffs to file an Amended Complaint in compliance with Pa.R.C.P. 1019(a).
III. PRELIMINARY OBJECTIONS PRUSUANT TO Pa.R.C.P. 1028(a)(5)
12. The Pennsylvania Rules of Civil Procedure provide that Preliminary
Objection may be filed if a party fails to join a necessary party. Pa.R.C.P. 1028(a)(5).
13. In this matter, the Plaintiffs have alleged that an incident occurred
between their mother and the Defendant.
14. In the companion case to this matter, the Plaintiffs' mother has alleged
that the Defendant negligently defended herself.
15. If in fact the Defendant was defending herself from the Plaintiffs' mother
as alleged, then the Plaintiffs' mother would be at least partially responsible for her
childrens' injuries.
16. Thus, she is a necessary party to this action.
WHEREFORE, the Defendant respectfully requests this Honorable Court require
the Plaintiffs to file an Amended Complaint including their mother as a Defendant.
IV. PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(4)
17. The Pennsylvania Rules of Civil Procedure provide that Preliminary
Objection in the nature of a dumurrer may be filed if a pleading lacks legal sufficiency.
Pa.R.C.P. 1028(a)(4).
18. Included in the Plaintiffs' Complaint is a prayer for punitive damages. (See
Wherefore clauses following Counts I, and II).
19. In order to be entitled to punitive damages, a plaintiff must prove that the
defendant's conduct was outrageous, because of the defendant's evil motive or her
reckless indifference to the rights of others. Feld v. Merriam, 506 Pa. 383 (1984);
Restatement Second Torts § 908(2).
20. Reckless indifference to the interests of others occurs when "the actor has
intentionally done an act of an unreasonable character, in disregard of a risk known to
him or so obvious that he must be taken to have been aware of it, and so great as to
make it highly probable that harm would follow." Gollick v. Amsley, 40 Pa. D. & C.3d
284, 285 (1984) (citing Evans v. Philadelphia Transportation Co., 418 Pa. 567 (1965).
21. Plaintiffs' Complaint fails to aver facts that establish that the Defendant
acted with reckless indifference as there are no allegations of evil motive or intent, a
pre-requisite for a recovery of punitive damages.
22. Instead the Plaintiffs' claim at least in part that the Defendant acted in self
defense, which on its face fails to have an evil motive or intent.
23. Accordingly, the Defendant respectfully requests that this Honorable Court
grant her Preliminary Objections and strike all prayers for punitive damages with
prejudice.
WHEREFORE, Defendant, Tiffanie T. Gorman, respectfully request that this
Honorable Court require the Plaintiffs to file an Amended Complaint including their
mother as a Defendant without any prayers for punitive damages and which states their
claim within the requisite degree of specificity such as to comport with the requirements
of Pennsylvania Rule of Civil Procedure 1019(a).
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By: /It/6L---
Kevin D. Rauch, Esquire
Counsel for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
PRELIMINARY OBJECTIONS has been mailed by U.S. Mail to counsel of record via
first class mail, postage pre-paid, this 2"d day of October, 2013.
Karl E. Rominger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(Attorney for Plaintiffs)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
/(4-1-A—, (X
BY• ��
Kevin D. Rauch, Esquire
Counsel for Defendant
111 PrOTH6tICII'AF:":"
2013 OCT 31 PM 12:
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KELLI PINES and SEAN PINES (Husband CIVIL DIVISION
and Wife), on behalf of Brody Pines (A
Minor) and on behalf of Caiden Pines (A NO. 2013-4882
Minor),
Plaintiffs, PRAECIPE FOR WRIT OF SUMMONS
TO JOIN ADDITIONAL DEFENDANT
v.
(Jury Trial Demanded)
TIFFANIE T. GORMAN,
Defendant,
v. Filed on Behalf of the Defendant
KELLI PINES, Counsel of Record for This Party:
Additional Defendant.
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK
& GUTHRIE, P.C.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#20127
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KELLI PINES and SEAN PINES (Husband CIVIL DIVISION
and Wife), on behalf of Brody Pines (A
Minor) and on behalf of Caiden Pines (A
Minor), NO. 2013-4882
Plaintiffs,
(Jury Trial Demanded)
v.
TIFFANIE T. GORMAN,
Defendant,
v.
KELLI PINES,
Additional Defendant.
PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT
TO PROTHONOTARY:
Kindly issue a Writ of Summons Joining Kelly Pines as an Additional Defendant
in the above-captioned action.
Kelly Pines, 6230 Peregrine Way, Mechanicsburg, PA 17050.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK
& GUTHRIE, •.C.
By: ✓ 41.74rft6_
u' , Esquire
I ounsel for Defendant
CERTIFICATE OF SERVICE,
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE
FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT has been mailed by
U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of
October, 2013.
Karl E. Rominger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(Attorney for Plaintiffs)
SUMMERS, McDONNELL, HUDOCK,
& GUTHRIE, P.C.
B Y Lit'
evin D. "such, Esquire
Counsel for Defendant
WRIT TO JOIN ADDITIONAL DEFENDANT
Cumberland County, ss:
The Commonwealth of Pennsylvania to
Kelly Pines, 6230 Peregrine Way, Mechanicsburg, PA 17050
You are notified that Tiffanie T. Gorman have joined you as an
additional defendant in this action, which you are required to
defend.
Date: October 31, 2013
David D. Buell, Prothonotary
Deputy
(Seal)
No. 13-4882 Civil Term
Kelli Pines and Sean Pines (Husband
and Wife) on behalf of Brody Pines (A
Minor) and on behalf of Caiden Pines (A
Minor)
vs
Tiffanie T. Gorman
Defendant
Kelli Pines
Additional Defendant
WRIT TO JOINED AN
ADDITIONAL DEFENDANT
Kevin D. Rauch, Esq.
Summers, McDonnell, Hudock& Guthrie, P. C.
100 Sterling Parkway, suite 306
Mechanicsburg, PA 17050
(717) 901-5916
Attorney for Defendant
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson F,1 F.!j—O„T C ,.
Sheriff THE f'HTi'>ONO
Jody S Smith
Chief Deputy lQ 13 NOY _S Pm
Richard W Stewart CUMBERLAND COUNTY
Solicitor OPFIC�C.FT�<S",FRI a PENNSYLVANIA
Kelli Pines (et al.)
vs. Case Number
Tiffanie Gorman 2013-4882
SHERIFF'S RETURN OF SERVICE
11/04/2013 08:16 PM- Deputy Shawn Harrison, being duly sworn according to law served tq4jequested Writ to
Additional Defendant by"personally" handing a true copy to a perso r sent' g hemselves to be the
Defendant, to wit: Kelli Pines at 6230 Pegegrine Way, Hampden To s p, Me ha csbuQ, PA 17055.
S/1111N H SON, DEPUTY
SHERIFF COST: $39.76 SO ANSWERS,
November 05, 2013 RON y R ANDERSON, SHERIFF
tc!Ccur;tv5u;e 6horiff,?e:-osct+. rc.
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
•
CAPTION OF CASE
(entire caption must be stated in full)
Kelli Pines and Sean Pines, o/b/o Brody Pines and Caiden Pines
— w _a;—r
VS. = ..5 rn
Tiffanie T. Gorman & Kelli Pines -<> tv '-?
No. 4882 201Terry -,;
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demperto ?
complaint, etc.): _.., to.) j
Defendant's Preliminary Objections -- •..
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Karl E. Romminger, Esquire
(Name and Address)
155 South Hanover Street, Carlisle, PA 17013
(b) for defendants:
Kevin D. Rauch, Esquire for Defendant Gorman
(Name and Address)
100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
December 20,2013 kL i. at
/A"
Q —
Print your name
Defendant Gorman
11/26/13 Attorney for
Date:
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) before argument.
2.The moving party shall file and serve their brief 14 days prior to argument.
3.The responding party shall file their brief 7 days prior to argument.
4.If argument is continued new briefs must be filed with the COURT �� �� ^f_I
ADMINISTRATOR(not the Prothonotary)after the case is relisted. ag
I
Ce---299.5f
KELLI PINES and SEAN PINES : IN THE COURT OF COMMON PLEAS
(Husband and Wife), : OF CUMBERLAND COUNTY,
PLAINTIFFS : PENNSYLVANIA
V.
TIFFANIE T. GORMAN,
DEFENDANT
V.
KELLI PINES,
ADDITIONAL DEFENDANT : 13 -4882 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS
BEFORE GUIDO, J., MASLAND, J., AND PECK, J.
AND NOW, this
9RDER OF COURT
4/N
/ - day of April, 2014, upon consideration of
Defendant's Preliminary Objections, the responses filed thereto, and after oral
argument, the following is entered:
1. Defendant Gorman's Preliminary Objection as to Pa.R.C.P. 1028(a)(3) is
OVERRULED.
2. Defendant Gorman's alternative Preliminary Objection as to Pa.R.C.P.
1028(a)(2) is OVERRULED.
3. Defendant Gorman's Preliminary Objection as to Pa.R.C.P. 1028(a)(5) is
SUSTAINED. Kelli Pines has hereby been added as an additional defendant.
13-4882 CIVIL TERM
4. Defendant Gorman's Preliminary Objection as to Pa.R,C.P. 1028(a)(4) is
OVERRULED.
By the Court,
E. Rominger, Esquire
For Plaintiffs
/1(evin D. Rauch, Esquire
For Defendant
Pines and Sean Pines
6230 Peregrine Way
Mechanicsburg, PA 17050
%c
lc(
KELLI PINES and SEAN PINES : IN THE COURT OF COMMON PLEAS
(Husband and Wife), : OF CUMBERLAND COUNTY,
PLAINTIFFS : PENNSYLVANIA
V.
TIFFANIE T. GORMAN,
DEFENDANT
V.
KELLI PINES,
ADDITIONAL DEFENDANT : 13 -4882 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS
BEFORE GUIDO, J., MASLAND, J., AND PECK, J.
OPINION AND ORDER OF COURT
Masland, J., April 3, 2014:- -
Before this Court are Defendant Tiffanie Gorman's Preliminary Objections to
Plaintiffs Kelly and Sean Pines' claims of Intentional Infliction of Emotional Distress and
Negligent Infliction of Emotional Distress on behalf of their minor children Brody and
Caiden Pines.
As alleged in the Complaint, on September 22, 2011, Plaintiff KeIIi Pines and
Defendant were both at Shaul! Elementary School. KeIIi Pines and Defendant were
involved in an altercation which resulted in Ms. Pines suffering numerous injuries to her
face, including fractures to her eye socket and nose. Plaintiffs' minor children witnessed
the event, seeing and hearing the altercation that injured their mother, and subsequently
suffered emotional damages.
First, Defendant objects to the complaint on the basis that it contains scandalous
and impertinent matter. In order to be scandalous or impertinent, "the allegation must
13-4882 CIVIL TERM
be immaterial and inappropriate to the proof of the cause of action." Common
Cause/Pennsylvania v. Commonwealth, 710 A.2d 108, 115 (Pa. Cmwlth. 1998).
Striking impertinent matter "should be sparingly exercised and [stricken] only when a
party can affirmatively show prejudice." Commonwealth Dep't of Envtl., Res. v. Hartford
Accident and lndem. Co., 396 A.2d 885, 888 (Pa. 1979).
Defendant Gorman is correct in that the word 'punish' that appears in paragraph
12 of the Complaint is immaterial to the cause of action of Intentional Infliction of
Emotional Distress. However, the averment set forth by the Plaintiffs in that paragraph
is centered on the "willful and cruel acts of Defendants." Complaint, ¶ 12, 16 August
2013. The inclusion of the word 'punish' fails to materially alter the averment and fails
to prejudice the Defendant in any material manner. Defendant Gorman has additionally
failed to affirmatively assert any prejudice that has or would result from the language in
question. Therefore Defendant Gorman's Preliminary Objection under Pa.R.C.P.
1028(a)(2) for scandalous or impertinent language in the Complaint will be overruled.
In the alternative, Defendant Gorman suggests that Plaintiffs have failed to plead
with adequate sufficiency. In determining a Preliminary Objection under Pa.R.C.P.
1028(a)(3), Pennsylvania courts have held:
[t]he pertinent question under Rule 1028(a)(3) is whether the complaint is
sufficiently clear to enable the defendant to prepare his defense, or
whether the plaintiffs complaint informs the defendant with accuracy and
completeness of the specific basis on which recovery is sought so that he
may know without question upon what grounds to make his defense.
Rambo v. Greene, 906 A.2d 1232, 1236 (Pa. Super. Ct. 2006).
Here, the court finds Plaintiffs have pled sufficient facts to enable Defendant to
prepare a defense. See Rambo v. Greene, 906 A.2d 1232 (Pa. Super. 2006) (holding
that plaintiffs averments in the complaint, which required the defendant to infer the
-2-
13-4882 CIVIL TERM
grounds upon which to base a defense rather than being directly stated, were
sufficiently specific). Defendant Gorman's alternative Preliminary Objection for
inadequate specificity under Pa.R.C.P. 1028(a)(3) will also be overruled.
Plaintiffs have not opposed Defendant Gorman's Preliminary Objection under
Pa.R.C.P. 1028(a)(5) for failing to join a necessary party. Defendant Gorman's
Preliminary Objection will be sustained and Plaintiffs will be granted leave to amend the
complaint or to file a praecipe for a writ to include Kelli Pines as an additional defendant.
Pa.R.C.P. No. 2252(b).
Defendant Gorman's final Preliminary Objection for legal insufficiency in the
pleading under Pa.R.C.P. 1028(a)(4) with regards to the claim of punitive damages will
be overruled. The Supreme Court of Pennsylvania has adopted § 908(2) of the
Restatement (Second) of Torts, which states:
Punitive damages may be awarded for conduct that is outrageous,
because of the defendant's evil motive or his reckless indifference to the
rights of others. In assessing punitive damages, the trier of fact can
properly consider the character of the defendant's act, the nature and
extent of the harm to the plaintiff that the defendant caused or intended to
cause and the wealth of the defendant.
Kirkbride v. Lisbbn Contractors, Inc., 555 A.2d 800, 803 (Pa. 1989) (citing
Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (Pa. 1984)).
Plaintiffs have sufficiently pled that Defendant Gorman's conduct, having been
witnessed by Plaintiffs against their mother, was recklessly indifferent to the harm it
imposed upon Plaintiffs as to potentially warrant punitive damages. Complaint, ¶ 12-13,
16 August 2013. Taken as true, those averments are sufficient to allow the punitive
damages claim to survive preliminary objections.
13 -4882 CIVIL TERM
AND NOW, this
ORDER OF COURT
day of April, 2014, upon consideration of
Defendant's Preliminary Objections, the responses filed thereto, and after oral
argument, the following is entered:
1. Defendant Gorman's Preliminary Objection as to Pa.R.C.P. 1028(a)(3) is
OVERRULED.
2. Defendant Gorman's alternative Preliminary Objection as to Pa.R.C.P.
1028(a)(2) is OVERRULED.
3. Defendant Gorman's Preliminary Objection as to Pa.R.C.P. 1028(a)(5) is
SUSTAINED. Kelli Pines has hereby been added as an additional defendant.
4. Defendant Gorman's Preliminary Objection as to Pa.R.C.P. 1028(a)(4) is
OVERRULED.
By the Court,
Albert H. Masland, J.
Karl E. Rominger, Esquire
For Plaintiffs
Kevin D. Rauch, Esquire
For Defendant
Kelli Pines and Sean Pines
6230 Peregrine Way
Mechanicsburg, PA 17050