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HomeMy WebLinkAbout13-6912 Supreme Cou 5 - 6fTennsylvania g, C OUrU ; COIY111OI1 'leas For Prothonotary Use Only: CJiil Coer��Shet Docket No: ` Cumberland COUnty S, The information collected on this form is used solely court administration purposes. This form does not supplement or re place the f iling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S xi Complaint Q Writ of Summons ® Petition [1 Transfer from Another Jurisdiction ® Declaration of Taking :E C Lead Plaintiff's Name: Lead Defendant's Name: Michael Kreider George and Leila, Inc., d /b /a Moe's Bar & Grill Dollar Amount Requested: 7i within arbitration limits I Are money damages requested? x; Yes -- No (check one) rxi outside arbitration limits 0 { N Is this a Class Action Suit? M Yes ;x; No Is this an MDJAppeal? Yes rl:!� No i A. Name of Plaintiff /Appellant's Attorney: David L. Lutz, Esquire, counsel for Plaintiff Check here if you have no attorney (are a Self - Represented [Pro Sel 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 snaking more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional M Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card C Board of Assessment t—i Motor Vehicle Debt Collection: Other Ci Board of Elections 0 Nuisance _ Dept. of Transportation Premises Liability Statutory Appeal: Other S M Product Liability (does not include mass tort) Employment Dispute: E M Slander/Libel/ Defamation Discrimination C Other: Employment Dispute: Other © Zoning Board . [QM s�nuP �L�c►J ( Other: I ` L] Other: O MASS TORT Q Asbestos N M Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: � Ejectment [2 Common Law/Statutory Arbitration B rl Eminent Domain /Condemnation f Declaratory Judgment 11 Ground Rent M7 Mandamus Landlord /Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial iWi Quo Warranto Dental Partition Replevin Legal Quiet Title Other: Medical Other: i Other Professional: i Updated 1/1/2011 of T11 1 `fSCi i ii0 ]jest; RLA D CJUN T Y PCN NsYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino - rovner.com MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. S - Uq l � GEORGE AND LEILA, INC., d /b /a MOE'S BAR & GRILL, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish top 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 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. THIS OFFICE CAN "PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. O 0 V ,T*1D3. ad 0� 535016 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER .LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan rods adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando- personalmente o pot medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n corno se describe anteriormente, el caso puede proceder sin usted y. un fallo por cualquier suma de dinero. reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE, AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717 249 -3166 535016 ANGINO && ROVNER, P.C. David L. Lutz, Esquire Attorney IN : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 - FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino - rovner.com MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. Y GEORGE AND LEILA, INC., d/b /a MOE'S BAR & GRILL, CIVIL ACTION— LAW Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Michael Kreider is an adult individual and resident of Mount Joy, Lancaster County, Pennsylvania. 2. Defendant George and Leila, Inc., d/b /a Moe's Bar & Grill (hereinafter referred to as Moe's), is a corporation with a principle place of business located at 4709 Old Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Moe's is a bar and grill located at 4709 Old Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. The facts and occurrences hereinafter related took place on August 24, 2012, at approximately 8:53 p.m. on East Trindle Road, Mechanicsburg, Cumberland Pennsylvania. 5. At that time and place, Plaintiff Michael Kreider was operating a 1999 Harley Davidson Road King motorcycle, traveling west on East Trindle Road. 6. At the same time and place, Deborah Lucy was operating George Keefer's 1994 Ford Mustang, traveling east on East Trindle Road. 535016 7. Ms. Lucy was planning to turn left from East Trindle Road and proceed north on South Sporting Hill Road. 8. When Ms. Lucy started to turn the Mustang left, attempting to proceed north on South Sporting Hill Road, she caused the left front of the Mustang to collide into the left side of the Harley- Davidson motorcycle and Mr. Kreider. r` 9. Upon striking Mr. Kreider and his motorcycle, Ms. Lucy fled the collision scene. . 10. Within minutes after the collision, the Hampton Township Police were summoned to the collision scene. The investigating police officer then proceeded to Ms. Lucy's residence on Good Hope Road and found Ms. Lucy to be severely intoxicated. 11. Within minutes of the collision, Ms. Lucy was arrested by the Hampton Township- Police. 12. Ms. Lucy's blood alcohol content was .219% while operating the Mustang at the time that she caused a serious motor vehicle /motorcycle collision and fled the collision scene. 13. At all times material herein, Defendant Moe's was the holder of a Pennsylvania - retail liquor license pursuant to the Pennsylvania Liquor Code, 47 Pa. Cons. Stat. Ann. §4401, entitling said corporation to sell and dispense intoxicating beverages for consumption by patrons on the premises known as Moe's. 14. During the hours before the aforesaid motor vehicle /motorcycle collision, Ms." Lucy had consumed alcohol at Moe's. 15. At all times material herein, Ms. Lucy was a customer of Moe's when agents, servants,. and /or employees of Defendant Moe's sold, furnished, gave or permitted to be sold, furnished, or given intoxicating beverages to Ms. Lucy. 535016 2 16. Service of the aforesaid intoxicating beverages to Ms. Lucy by agents, servants, and /or employees of Snappers took place while Ms. Lucy was visibly intoxicated, with a blood alcohol content at or near .219 %. .17. Defendant Moe's sale and service of the aforementioned alcoholic beverages to. Ms. Lucy, while she was visibly intoxicated, was negligent and constituted a violation of the ''' Pennsylvania Liquor Code, 47 Pa. Cons. Stat. Ann. §4 -493. 18. Plaintiff believes and therefore avers that after leaving Moe's, Ms. Lucy went to Snappers, a'bar and restaurant in Mechanicsburg, and then left Snappers to go home. While on her way home, Ms. Lucy, while severely intoxicated, caused the Mustang to collide into the motorcycle operated by Plaintiff Michael Kreider. 19. Within a short time after Ms. Lucy left Snappers and while Ms. Lucy was in an extremely intoxicated state as a result of the alcohol consumed at Defendant Moe's, she drove a Mustang east on East Trindle Road and turned left directly into Plaintiff Michael Kreider and his motorcycle. 20. Defendant Moe's, through its agents, servants, and /or employees, is liable to the Plaintiff Michael Kreider for damages as alleged herein, as follows: a. negligently selling and furnishing liquor and /or alcoholic beverages to Ms. Lucy while she was visibly intoxicated; b. failure to properly train and supervise its employees so as to prevent them from selling and /or furnishing liquor and /or alcoholic beverages to invitees who are visibly intoxicated; C. negligently failing to warn Ms. Lucy that she should not drive due to her intoxicated state; 535016 3 d. failing to prevent Ms. Lucy from operating a motor vehicle after serving her alcoholic beverages while she was visibly intoxicated, despite the obvious risk of harm to persons operating motor vehicles on Trindle Road; e. violating the law of the Commonwealth of Pennsylvania regarding the serving of alcoholic beverages to visibly intoxicated persons; and f. selling or furnishing liquor and /or other alcoholic beverages to Ms. Lucy in a reckless disregard for the rights and safety of others. 21. As a direct and proximate result of the negligence of Defendant Moe's employees and servants as alleged herein, Plaintiff Michael Kreider sustained serious and permanent damages. 22. Plaintiff Michael Kreider sustained painful and severe injuries, which include but' are not limited to: fracture of the left 12 rib, fracture of the left transverse processes of L -2 and L -3, pulmonary nodules, left femur, tibia, fibula fractures with extensive soft tissue swelling, laceration to the anterior tibia, fractures of the first, second, and third metatarsals on the left. 23. By reason of the aforesaid injuries sustained by Plaintiff Michael Kreider, he was forced to incur liability for hospitalization, multiple surgeries, including skin grafting, medical care and treatment and claim is made therefore. 24. Because of the nature of his injuries, Plaintiff Michael Kreider has been advised and therefore avers that he will be forced to incur similar expenses in the future particularly if he must undergo an amputation and claim is made therefore. 25. Plaintiff Michael Kreider has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 535016 4 26. Plaintiff Michael Kreider continues to be plagued by persistent pain and limitation and avers that his injuries are of a permanent nature, causing residual problems for the remainder' of his lifetime, and claim is made therefore. 27. Plaintiff Michael Kreider has sustained permanent injuries that will impact his earning capacity in the future and claim is made therefore. 28. Plaintiff has sustained work loss and claim is made therefore. 29. As a result of trauma that necessitated multiple surgeries, Plaintiff Michael Kreider has sustained disfigurement and claim is made therefore. WHEREFORE, Plaintiff Michael Kreider demands judgment against Defendant George and Leila, Inc., d/b /a Moe's Bar & Grill in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. J a d L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 —phone (717) 238 -5610 — fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 535016 5 s VERIFICATION I, MICHAEL KREIDER, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. WITNESS: MICHAEL KREIDER 203648 f 1 J r •1E:ER_A',:3 COUNTY PENNSYLVANIA MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-6912 Civil GEORGE AND LEILA, INC., d/b/a MOE'S BAR& GRILL, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Peter Good, Esquire, on behalf of Defendant George and Leila, Inc., d/b/a Moe's Bar& Grill, do hereby accept service of the Complaint filed on November 21, 2013, in the above- captioned action. CALDWELL & KEARNS 41:/A-Ob..(3 Peter Good, Esquire 3631 N. Front Street Harrisburg, PA 17110-1533 // )ild Date: ORIGINAL 540945 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the ACCEPTANCE OF SERVICE upon counsel for the Defendants and Additional Defendant via postage prepaid first class United States mail addressed as follows: Peter Good, Esquire Caldwell &Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 Counsel for Defendant Mary T. eraets Dated: t) 540944 Peter M. Good, Esquire ht: PROTHONOTARY Attorney I.D. #64316 2E 13 DEC 15 P 1: 40 Thomas S. Lee, Esquire Attorney I.D. #89440 CUMBERLAND COUNTY Caldwell &Kearns PENNSYLVANIA 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 /(717)232-2766 (fax) Attorney for George and Leila, Inc. d/b/a Moe's Bar & Grill MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 13-6912 Civil GEORGE AND LEILA, INC. d/b/a MOE'S BAR& GRILL, Defendant . CIVIL ACTION—LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 You are hereby advised to file a written response to the enclosed Defendant's Answer with New Matter to Plaintiff's Complaint within twenty (20) days from service hereof, or judgment may be entered against you. CALDWEL EARNS Dated: dt (11 I By: wt/( Peter M. Good Esquire I.D. #64316 Thomas S. Lee, Esquire I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant George and Leila, Inc. d/b/a Moe's Bar & Grill Peter M. Good, Esquire Attorney I.D. #64316 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell &Kearns 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 /(717) 232-2766 (fax) Attorney for George and Leila, Inc. d/b/a Moe's Bar & Grill MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 13-6912 Civil GEORGE AND LEILA, INC. d/b/a MOE'S BAR& GRILL, Defendant CIVIL ACTION—LAW JURY TRIAL DEMANDED DEFENDANT GEORGE AND LEILA,INC. DB/A MOE'S BAR& GRILL'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes George and Leila, Inc. d/b/a Moe's Bar & Grill (herein after Moe's Bar& Grill) by and through its attorneys, Caldwell & Kearns, P.C., files this Answer with New Matter to Plaintiff Michael Kreider's Complaint and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 5. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 7. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 8. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 9. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 10. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 11. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 12. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 13. Admitted. 14. Admitted. 15. Denied. The averments of paragraph 15 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 16. Denied. The averments of paragraph 16 are conclusion of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that an answer is required, it is specifically denied that Ms. Lucy was visibly intoxicated and strict proof thereof is demanded at trial. 17. Denied. The averments of paragraph 17 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent 2 that an answer is deemed required, it is specifically denied that Ms. Lucy was at any time while she was present at Moe's, visibly intoxicated and strict proof thereof is demanded. 18. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of paragraph 18 and the same are thereby denied. 19. Denied. Defendant is without knowledge or information sufficient as to form a belief as to the averments of this paragraph and the same are thereby denied. 20. A. - F. Denied. The averments of paragraph 20 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 21. Denied. The averments of paragraph 21 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 22. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 23. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 24. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 25. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 26. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 27. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 28. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. 3 29. Denied. Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the same are thereby denied. WHEREFORE, Defendant George and Leila, Inc. d/b/a Moe's Bar& Grill respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in its favor and against Plaintiff Michael Kreider together with any costs associated therewith. NEW MATTER 30. Defendant incorporates its prior paragraphs by reference as though set forth herein. 31. Moe's Bar and Grill did not serve Debra Lucy at a time when she appeared visibly intoxicated. 32. George Keefer and Debra Lucy were first observed by the daytime bartender at Moe's Bar and Grill at approximately 5:00 pm on August 24, 2012. 33. George Keefer and Debra Lucy were observed together at Moe's Bar and Grill for several hours. 34. A Moe's Bar and Grill bar receipt indicates that two sports pitchers of light beer totaling twelve dollars were paid by George Keefer on or around 7:25 pm. The receipt is attached to this pleading as Exhibit A. 35. Debra Lucy's gait, speech, behavior, and volume were observed by staff at Moe's Bar and Grill to be ordinary and she did not exhibit any visible signs of intoxication. 36. Moe's Bar and Grill provides training and supervision to its employees so that visibly intoxicated patrons are not served alcoholic beverages. All employees of Moe's Bar and Grill are RAMP Certified. 37. Moe's Bar and Grill is not responsible for the actions of Defendant Lucy who became intoxicated sometime after she left the premises of Moe's Bar and Grill. 4 38. Plaintiff has failed to state a cause of action against Moe's Bar and Grill. 39. Plaintiff Michael Krieder was comparatively negligent. In accordance with Pa.R.C.P. 1030, Defendant asserts the affirmative defense of comparative negligence as a complete or partial bar to Plaintiffs' claims. 40. In the alternative, Plaintiff was contributory negligent. 41. Plaintiffs injuries and damages, if any, are the result of accidents, injuries and/or conditions for which Defendant is not responsible. 42. To the extent that discovery reveals that Plaintiff has failed to obtain suitable employment within his physical limitations, and/or to follow medical advice, and/or failed to heed follow-up medical advice on care, and/or to attend recommended follow-up treatment and care, the Defendant asserts that Plaintiff has failed to mitigate his damages and that Plaintiffs failure to mitigate damages is a complete or partial bar to Plaintiffs claims for damages. 43. If any health care provider has rendered treatment to Plaintiff for injuries sustained as the result of the incident described in Plaintiffs' Complaint, and this provider has accepted payment in full from a "collateral source," an amount that is less than the gross amount of the provider's billing for such services, Plaintiff is precluded from pleading, proving, and introducing into evidence and/or recovering the gross amounts of any such bills. 44. Plaintiffs claims may be barred by the applicable statute of limitations. 45. Plaintiffs' claim may be barred by res judicata or collateral estoppel. 46. Moe's Bar and Grill is entitled to immunity under the Pennsylvania Liquor Code, 47 Pa. Cons. Stat. Ann. § 4-497. 5 WHEREFORE, Defendant George and Leila, Inc. d/b/a Moe's Bar & Grill respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in its favor and against Plaintiff Michael Kreider together with any costs associated therewith. Respectfully submitted, CALDWELL & KEARNS Dated: /� /oh. By: �� Peter M. Good Esq ire I.D. #64316 Thomas S. Lee, Esquire I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant George and Leila, Inc. d/b/a Moe's Bar & Grill 6 . . ' []l i Set ner NICOLE D Keu: 49 8O/24/12 18:25. Swiped T: 27 lorm: l MOE'S BAR K GiAl 4709 Old gel 'sbur8 Road (717)737-0845 MERCHANT V: CARD TYPE ACCOUNT NUMBER VISA XXXXXXXXXXXX3111 Name: GEORGE N KEEFER JR 00 TRANSACTION APPROVED AUTHORIZATION ;4: 084088 Reference: 0024010008101 TRANS TYPE: Lrad1 SALE CHECk : 12 ' OO __ TZP : __ ---- /} Z.) TOT/\L— � -- ` ' `---^~^--------'r�_—_ -- ------ PHONE: ( > ' • CARDHOLDER CI RAY CARD ISSUER ABOVE .AMOUNT PUR3UANI0 CARDHOLDER AGREEMENT Sign one Copy & Keep a Copy for Your Recordr 2013-12-13 13:45 MOE5 7177370845> P 2�2 • ' " DEC-12-2U13 'fHU NM PIt h'AX NO N. Uy VERI LCATIQ 1,Leila Castle,verify that the averments in this Answer with New Matter to Plaintiff s Complaint arc true and correct,T understand that false statements herein are made subject to the penalties of 18 Pa.C.S.4904,relating to unsworn falsification to authorities, • ` ' 7 i I Date Leila Castle on behalf of GEORGE AND T.,EILA,INC.d/b/a MOE'S BAR &GRILL CERTIFICATE OF SERVICE AND NOW, this C) day of December, 2013, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-17108 Counsel for Plaintiff CALDWELL & KEARNS By: .‘4 Peter M. Good Esquire I.D. #64316 Thomas S. Lee, Esquire I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 (717)232-2766 (fax) Attorneys for Defendant George and Leila, Inc. d/b/a Moe's Bar & Grill TiT PRO n OE C {0 P ,, CUBA ;, PEt';' S ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 13-6912 Civil GEORGE AND LEILA, INC., d/b/a MOE'S BAR& GRILL, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 30. through 46. The allegations contained in the Defendant's New Matter, paragraphs 30 through 46, is a mixture of facts and conclusions of law to which the Plaintiff cannot admit and/or deny said allegations. The factual allegations contained in the Plaintiffs Complaint are incorporated herein by reference, as well as Dr. Lawrence Guzzardi's expert report providing that, in his expert opinion, Deborah Lucy was visibly intoxicated when she was served beer at Moe's Bar& Grill. Many of the allegations contained in the Defendant's New Matter are conclusions of law to which no response is necessary. 542598 WHEREFORE, Plaintiff respectfully requests that the Defendant's New Matter be dismissed. ANGINO & ROVNER, P.C. D'avW. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (7 17) 238-5610—fax dlutz@angino-rovner.com Attorney for Plaintiff Date: )�} 542598 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Peter Good, Esquire Caldwell & Kearns 3631 N. Front.Street Harrisburg, P.A 17110-1533 Counsel for Defendant Mary . Geraets Dated: 542598 • Ph- 1011 7x{,1; 'Q /'//: (01 58 PENAiLs1;','NI Caiiirry ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 12-6810 Civil Term DEBORAH A. LUCY and GEORGE KEEFER, CIVIL ACTION—LAW Defendants JURY TRIAL DEMANDED v. GEORGE AND LEILA, INC., D/B/A MOE'S BAR& GRILL, Additional Defendant AND MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-6912 Civil GEORGE AND LEILA, INC., d/b/a MOE'S BAR& GRILL, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO CONSOLIDATE ACTIONS 543851 1. Plaintiff Michael Kreider commenced the action against Defendants Deborah A. Lucy and George Keefer on November 6, 2012. Service was perfected on November 8, 2012. 2. Plaintiff Michael Kreider commenced the action against Defendant George and Leila, Inc. d/b/a Moe's Bar & GrilI on November 21, 2013. Attorney Peter Good accepted service of the Complaint on behalf of the Defendant. 3. The two actions involve identical questions of fact and law. 4. Counsel for the Plaintiff and all defense counsel agree that the two actions should be consolidated. WHEREFORE, all parties seek an Order of Court consolidating the aforesaid two actions at docket no. 12-6810. AN )O & ROVNER, P.C. INV David L. utz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz@angino-rovner.com Attorney for Plaintiff Date: \ '\ 11 543851 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S MOTION TO CONSOLIDATE ACTIONS upon counsel for the Defendants and Additional Defendant via postage prepaid first class United States mail addressed as follows: Seth Black, Esquire Kevin Rauch, Esquire Summers McDonnell, et al. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendants George Keefer and Deborah Lucy Peter Good, Esquire Thomas Lee, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 Attorney for Defendant/Additional Defendant George and Leila, Inc. d/b/a Moe's Bar & Grill and A Mary T. Ga aets Dated: .\").) `` 543851 1 ) Hi FFoy yy ),, MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PA v. NO. 12-6810 Civil Term DEBORAH A. LUCY and GEORGE KEEFER, CIVIL ACTION—LAW Defendants JURY TRIAL DEMANDED v. GEORGE AND LEILA, INC., D/B/A MOE'S BAR& GRILL, Additional Defendant AND MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-6912 Civil k/"'' GEORGE AND LEILA, INC., d/b/a MOE'S BAR& GRILL, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED ORDER 11' h 4 , 2014, upon AND NOW, this �� day of a consideration of the Plaintiffs Motion to Consolidate Actions, IT IS HEREBY ORDERED AND DECREED that the above-captioned actions are consolidated under docket no. 12-6810 and that all further pleadings shall be filed under docket no. 12-6810. 543851 Therefore, IT IS HEREBY ORDERED AND DECREED that the new caption shall read: MICHAEL KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 12-6810 Civil Term DEBORAH A. LUCY and GEORGE KEEFER, CIVIL ACTION—LAW Defendants v. GEORGE AND LEILA, INC., D/B/A MOE'S BAR& GRILL, Defendants/Additional Defendant JURY TRIAL DEMANDED BY THE COURT: J. D' tribution: David L. Lutz, Esquire, Angino & Rovner, P.C., 4503 N. Front St., Harrisburg, PA 17110 �eth Black, Esquire and Kevin Rauch, Esquire, Summers McDonnell, et al., 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 f"eter Good, Esquire and Thomas Lee, Esquire, Caldwell & Kearns, 3631 N. Front Street, Harrisburg, PA 17110-1533 C.op� P_S i'LcL //!_troPZI 543851