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HomeMy WebLinkAbout13-7039 Supreme Cou r '�a 'Pennsylvania Cour �o � Co�mmo�Pleas For Prothonotary Use Only: G il�C,o a Sh ND Docket No: _ ! CU County /� ��� LojYm County 13 - 10 39 1, The information collected on this form is used solely court administration purposes. This form does not supplement or replace the and service ofpleadings or other papers as required by lain or rules of court. Commencement of Action: S X Complaint O Writ of Summons Petition 0 Transfer from Another JurisdictionO Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: CATHERINE A. SOURBEER GLENN MILLER'S BEER & SODA WAREHOUSE, INC. T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? ix Yes IF- No (check one) 9Eoutside arbitration limits O N Is this a Class Action Suit? O Yes El No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: Stephen M. Greecher, Jr., Esq., c/o Tucker Arensberg, P.C. O Check here if you have no attorney (are a Self-Represented 1Pro 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 making 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 O Intentional O Buyer Plaintiff Administrative Agencies O Malicious Prosecution O Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Board of Elections O Nuisance 0 Dept. of Transportation Mx Premises Liability [_] Statutory Appeal: Other S O Product Liability (does not include E mass tort) O Employment Dispute: O Discrimination Slander/Libel/ Defamation C Other: O Employment Dispute: Other 0 Zoning Board � Other: , T 0 Other: O MASS TORT 0 Asbestos N O Tobacco O Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS IO Toxic Waste Other: M Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment O Ground Rent O Mandamus O Landlord /Tenant Dispute O Non - Domestic Relations O Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial O Quo Warranto O Dental 0 Partition O Replevin 0 Legal O Quiet Title O Other: 10 Medical L_ Other: 0 Other Professional: Updated 1/1/2011 c+ _3 CATHERINE A. SOURBEER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, _ v. NO. 13 -7a,5 �lVc� (erg c GLENN MILLER'S BEER & CIVIL ACTION — LAW ~n— 7"i SODA WAREHOUSE, INC. c� F -= Trading as GLENN MILLER'S BEER: N & SODA WAREHOUSE and -tom + ° YORK ICE COMPANY, INC. Defendants JURY TRIAL DEMANDED N) —� U, _ 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 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 32 South Bedford Street Carlisle, PA 17013 1- 800 - 990 -9108 717- 249 -3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. 0 $103. Pb ATT`l 9 q,35 t • s LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO-O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1- 800 - 990 -9108 717- 249 -3166 Respectfully submitted, TUCKER ARE SBER By: M. Greecl r, Jr. Attorney's I.D. No. PA -36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 221 -7955 ATTORNEYS FOR PLAINTIFF DATE: Stephen M. Greecher, Jr. Attorney's I.D. No. PA -36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234 -4121 Facsimile: (717) 232 -6802 Email: sgreecher(�tuckerlaw.com ATTORNEYS FOR PLAINTIFF CATHERINE A. SOURBEER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. GLENN MILLER'S BEER & CIVIL ACTION - LAW SODA WAREHOUSE, INC. Trading as GLENN MILLER'S BEER: & SODA WAREHOUSE and YORK ICE COMPANY, INC. Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is Catherine A. Sourbeer, (hereinafter "Ms. Sourbeer") an adult individual who resides at 100 Cumberland Road, Lemoyne, PA 17043. 2. Defendant Glenn Miller's Beer & Soda Warehouse Inc. is a Pennsylvania Corporation trading as Glenn Miller's Beer & Soda Warehouse, (hereinafter "Glenn Miller's ") located at 1029 Market Street, Lemoyne, PA 17043. 3. Defendant Glenn Miller's owned, occupied, operated and controlled the beer distributorship located at 1029 Market Street, Lemoyne, PA 17043, the site of the incident at issue in this case. 4. Defendant York Ice Company Inc. (hereinafter "York Ice ") is a Pennsylvania Corporation located at 281 Kings Mill Road, York, PA 17403. 5. Glenn Miller's is a beer distributor open to the public for the retail sale of beer and other products licensed by the Pennsylvania Liquor Control Board. 6. York Ice is in the business, inter alia, of supplying and selling bagged ice to retail outlets for sale to retail customers. Glenn Miller's is a customer of York Ice. 7. On June 5, 2012 Ms. Sourbeer was a customer and business invitee of Glenn Miller's. She was there for the purpose of purchasing a case of beer, ordering water, sodas and snacks for a family cookout. 8. Ms. Sourbeer had made her selection of beer and was carrying the case of beer to the cash register at Glenn Miller's. 9. Glenn Miller's was outfitted as a retail store with various products and items displayed around the property. 10. As Ms. Sourbeer approached the cash register counter, she was near the refrigeration unit that holds the bagged ice for sale to retail customers. 11. Unbeknownst to Ms. Sourbeer, York Ice had, earlier that day, delivered ice to Glenn Miller's and placed it into the refrigeration unit that holds the bagged ice. 12. Defendants each knew, should have known or had reason to know that the delivery of ice as had been done by York Ice carries with it a likelihood that ice or water would be left on the floor. 13. ,As Ms. Sourbeer approached the cash register she stepped forward and slipped on water on the floor and fell to the floor. 14. Ms. Sourbeer believes and therefore avers that the water that caused bher slip and fall was left on the floor as a result of the ice delivery by York Ice. 15. Ms. Sourbeer got up from the floor and completed her purchase. 16. A Glenn Miller's employee helped Ms. Sourbeer to her car with the case of beer. 17. After returning to her home, Ms. Sourbeer's left ankle began to swell and she then sought medical care at Holy Spirit Hospital. DAMAGES 18. As a result of the above described fall, Ms. Sourbeer was diagnosed with a fractured left ankle and was in a cast until July 20, 2012. 17, After July 20, 2012, Ms. Sourbeer began a course of physical therapy that continued until November 27, 2012 18. Ms. Sourbeer has incurred medical expenses of $15,890.75 for the treatment of her injuries. 19. Ms. Sourbeer endured significant pain and suffering as a result of her injury. 20. Ms. Sourbeer was deprived of the enjoyment of life's pleasures including outdoor activities she customarily enjoyed during the summer. COUNTI CATHERINE A. SOURBEER v. GLENN MILLER'S BEER & SODA WAREHOUSE INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE 21. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if fully set forth at length. 22. Glenn Miller's had actual or constructive notice of the dangerous condition that caused Ms. Sourbeer's fall and injuries. 23. Glenn Miller's was negligent, careless and reckless in that Glenn Miller's: a. Permitted a dangerous condition to exist on the premises; b. Failed to properly inspect its premises for the existence of dangerous conditions; C. Failed to remedy or properly remedy the dangerous conditions that it knew, had reason to know, or should have known existed; d. Failed to warn or failed to cause a warning to be given of the dangerous condition that it knew or had reason to know of or should have known existed on the premises. 24. As a result of the negligence, carelessness, and recklessness of Defendant Glenn Miller's, Ms. Sourbeer suffered the injuries and damages set forth above. WHEREFORE, Plaintiff Catherine A. Sourbeer demands judgment in her favor against Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse in an amount in excess of the amount requiring arbitration pursuant to local rules plus interest, costs of suit and delay damages. COUNT II CATHERINE A SOURBEER v. YORK ICE COMPANY, INC. 24. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if fully set forth at length. 25. York Ice had actual or constructive notice of the dangerous condition that caused Ms. Sourbeer's fall and injuries. 25. York Ice was negligent, careless and reckless in that: a. It created a dangerous condition; b. It failed to remedy or properly remedy the dangerous condition it created or that it knew, had reason to know or should have known it created; C. It failed to properly inspect the premises for the existence of a dangerous condition; d. Failed to warn or failed to cause a warning to be given of the dangerous condition that it knew or had reason to know of or should have known existed. 26. As a result of the negligence, carelessness and recklessness of York Ice, Ms. Sourbeer suffered the injuries and damages set forth above. WHEREFORE, Plaintiff Catherine A. Sourbeer demands judgment in her favor against York Ice Company in an amount in excess of the amount requiring arbitration pursuant to local rules plus interest costs of suit and delay damages. COUNT III JOINT AND SEVERAL LIABILITY 27. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if fully set forth at length. 28. Defendants Glenn Miller's and York Ice are jointly and severally liable for the injuries and damages sustained by Ms. Sourbeer. WHEREFORE, Plaintiff Catherine A. Sourbeer demands judgment in her favor against Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse and York Ice Company in an amount in excess of the amount requiring arbitration pursuant to local rules plus interest costs of suit and delay damages. Respectfully submitted, TUCKER AREN,911BER P By: "Step n M. Greeche , Jr. Attorney's I.D. No. A -36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 221 -7955 ATTORNEYS FOR PLAINTIFF DATE: 5 f VERIFICATION Catherine A. Sourbeer hereby verifies that she is a party in the foregoing action, that the facts set forth in the within document are true and correct to the best of her knowledge, information and belief, and further states that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. �(1 Catherin A. Sourbeer Dated: V� 2013 H BGDB :140023 -1 023155- 156482 F; OFF L � �i. E � ` ', � V! t ?'i G .1 611 f `l i E. Pte 2013 N0V 26 P 2* 4 5 Stephen M. Greecher, Jr. CUMBERLAND COU i Y Attorneys I.D. No. PA -36803 PENNSYLVANIA 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234 -4121 Facsimile: (717) 232 -6802 Email: sgreecher(c�tuckerlaw.com ATTORNEYS FOR PLAINTIFF CATHERINE A. SOURBEER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 13 - %-3 (21Ut TCipi GLENN MILLER'S BEER & CIVIL ACTION - LAW SODA WAREHOUSE, INC. Trading as GLENN MILLER'S BEER: & SODA WAREHOUSE and YORK ICE COMPANY, INC. Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT GLENN MILLER'S BEER & SODA WAREHOUSE, INC. trading as GLENN MILLER'S BEER & SODA WAREHOUSE TO: Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse Pursuant to Pa. R.C.P. 4009, as amended, comes the Plaintiff, Catherine A. Sourbeer, by her counsel, TUCKER ARENSBERG, P.C., and requests the above -named parties to make available to the Plaintiff copies of the following documents within thirty (30) days of service of this request: REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events or matters at issue in this case. { A 2. All expert opinions, reports, summaries or other writings in the custody or control of the Defendant, or their attorneys or insurers, which relate to the subject matter of this litigation, and the curriculum vitae of each expert. 3. All documents identified in the Defendant Answers to Interrogatories propounded to date and Interrogatories propounded in the future in this action and all documents reviewed by Defendant or anyone acting on behalf of Defendant in the preparation of answers to the foregoing Interrogatories. 4. All maps, drawings, sketches, photographs, motion pictures, video tapes, and similar documents with respect to any matter at issue in this case. 5. All summaries or notes or memoranda of any conversation or interview with any witness or person with respect to any matter that is at issue in this case except for any materials protected from discovery as attorney work product. 6. Any reports of any investigation carried out with respect to this or any matter at issue in this case on behalf of Defendant. 7. If not otherwise covered by the above requests, the complete claims/ investigations /subrogations /first -party benefit file(s), property damage file(s) of any of your insurer(s), claims adjuster(s), or adjusting company(ies) dealing with the incident in question or of any other person, firm or entity that has acted on your behalf, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics and any material protected from discovery as attorney work products. 8. Any and all documents or exhibits which you intend to offer as exhibits and /or evidence at the trial of this matter. 9. Any and all documents which evidence any facts on the basis of which it will be asserted that anyone other than Defendants, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse and York Ice Company, caused or contributed to the happening of the accident at issue in this case. 10. Any and all documents which evidence any facts on the basis on which it will be asserted that the incident at issue in this case was not the cause of or did not contribute to the injuries claimed by Plaintiff, Catherine A. Sourbeer, to have been sustained in the incident at issue in this case. 11. Any videotapes or similar recordings or copies thereof that show the incident at issue in this case, or any events immediately preceding events at the scene or immediately thereafter or that show the Plaintiff, Catherine A. Sourbeer. 12. All photographs, videotapes, and documents with regard to any surveillance of Plaintiff, Catherine A. Sourbeer, conducted by Defendants) or on Defendant's behalf at any time since the date of the accident up until the present time. 13. All documents prepared by Defendants, or by any insurer, representative, agent or anyone acting on behalf of said Defendants, except their attorneys, during an investigation of the incident in question or any of the events or allegations described in the Plaintiff's Complaint or otherwise at issue in this action. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or the opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 14. All discoverable reports with respect to this incident. 15. All documents with respect to inspections of premises. 16. All documents with respect to procedures of mopping floors, cleaning or maintaining the floors. 17. All documents with respect procedures of displaying warning signs for wet conditions. 18. All documents with respect to procedures of notifying customers of hazardous conditions on premises. v 19. All documents with respect to employees notifying the customers of hazardous conditions on premises. 20. All sweep logs, maintenance logs or inspection records for June 5, 2012 at the subject store. 21. All documents with respect to procedures for mopping floors, cleaning or maintaining floors, displaying warning signs for wet conditions, inspecting the premises or notifying customers of hazardous conditions on the premises with respect to or in any way related to ice deliveries to Glenn Miller's Beer & Soda Warehouse applicable both before and after June 5, 2012 and otherwise with respect to wet conditions on the floor of Glenn Miller's Beer & Soda Warehouse. 22. All documents with respect to the delivery of ice to Glenn Miller's Beer & Soda Warehouse on June 5, 2012. Respectfully submitted, TUCKER ARE BERG, P.C. By: Sr6phen M. reec er, Jr. Attorney's I.D. No. PA -36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 221 -7955 ` ATTORNEYS FOR PLAINTIFF DATE: a ( t ° jj 1k1 yJ Stephen M. Greecher, Jr. A �� Attorney's I.D. No. PA -36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234 -4121 Facsimile: (717) 232 -6802 Email: sgreecher(@tuckerlaw.com ATTORNEYS FOR PLAINTIFF CATHERINE A. SOURBEER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. ) 3 - %01 0, i I T " GLENN MILLER'S BEER & CIVIL ACTION - LAW SODA WAREHOUSE, INC.. Trading as GLENN MILLER'S BEER: & SODA WAREHOUSE and YORK ICE COMPANY, INC. Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT YORK ICE COMPANY, INC. TO: York Ice Company, Inc. Pursuant to Pa. R.C.P. 4009, as amended, comes the Plaintiff, Catherine A. Sourbeer, by her counsel, TUCKER ARENSBERG, P.C., and requests the above -named parties to make available to the Plaintiff copies of the following documents within thirty (30) days of service of this request: REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events or matters at issue in this case. 2. All expert opinions, reports, summaries or other writings in the custody or control of the Defendant, or their attorneys or insurers, which relate to the subject matter of this litigation, and the curriculum vitae of each expert. 3. All documents identified in the Defendant Answers to Interrogatories propounded to date and Interrogatories propounded in the future in this action and all documents reviewed by Defendant or anyone acting on behalf of Defendant in the preparation of answers to the foregoing Interrogatories. 4. All maps, drawings, sketches, photographs, motion pictures, video tapes, and similar documents with respect to any matter at issue in this case. 5. All summaries or notes or memoranda of any conversation or interview with any witness or person with respect to any matter that is at issue in this case except for any materials protected from discovery as attorney work product. 6. Any reports of any investigation carried out with respect to this or any matter at issue in this case on behalf of Defendant. 7. If not otherwise covered by the above requests, the complete claims/ investigations /subrogations /first -party benefit file(s), property damage file(s) of any of your insurer(s), claims adjuster(s), or adjusting company(ies) dealing with the incident in question or of any other person, firm or entity that has acted on your behalf, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics and any material protected from discovery as attorney work products. 8. Any and all documents or exhibits which you intend to offer as exhibits and /or evidence at the trial of this matter. 9. Any and all documents which evidence any facts on the basis of which it will be asserted that anyone other than Defendant, York Ice Company, caused or contributed to the happening of the accident at issue in this case. 10. Any and all documents which evidence any facts on the basis on which it will be asserted that the incident at issue in this case was not the cause of or did not contribute to the injuries claimed by Plaintiff, Catherine A. Sourbeer, to have been sustained in the incident at issue in this case. 11. Any videotapes or similar recordings or copies thereof that show the incident at issue in this case, or any events immediately preceding events at the scene or immediately thereafter or that show the Plaintiff, Catherine A. Sourbeer. 12. All photographs, videotapes, and documents with regard to any surveillance of Plaintiff, Catherine A. Sourbeer, conducted by Defendant(s) or on Defendant's behalf at any time since the date of the accident up until the present time. 13. All documents prepared by Defendants, or by any insurer, representative, agent or anyone acting on behalf of said Defendants, except their attorneys, during an investigation of the incident in question or any of the events or allegations described in the Plaintiff's Complaint or otherwise at issue in this action. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or the opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 14. All discoverable reports with respect to this incident. 15. All documents with respect to inspections of premises. 16. All documents with respect to procedures for inspecting the floors, cleaning the floors, displaying warning signs on the floors and /or notifying persons of the conditions of the floors with respect to water or ice left on the floor as a result of the delivery of ice to customers of York Ice Company Inc. both before and after June 5, 2012. 17. All documents with respect to the delivery of ice to Glenn Miller's Beer & Soda Warehouse on June 5, 2012. Respectfully submitted, TUCKER ARE G, P By: / Step n M. Gre , Jr. Attorney's I.D. No. PA -36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 221 -7955 ATTORNEYS FOR PLAINTIFF DATE: ht(. �j ip;C.- 13-023431 r i i IE E'RO T QNQ i' LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 2013 DEC p� ; 39 Camp Hill, PA 17011 �%tf�iSERL,�Np COUNTY Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's PENNSYI-YAHIA Beer&Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER & SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION -LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse. The Defendant reserves the right to otherwise plead in this matter. Res;%-- �j� submi -•, AV • ' CE • ,NYI/ER : • ER Date: December 13, 201 3 Donald R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 13-023431 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer&Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER & SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION - LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff and York Ice Company, Inc. 281 Kings Mill Road York, PA 17403 Date: December 13, 2013 Donald R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 STEPHEN L. BANKO,JR., ESQUIRE Pa.Supreme Court 1. D. No.41727 U r r I L MARGOLIS EDELSTEIN " 3510 Trindle Road t'fl 13 D r 19 Phi 2: 4 8 Camp Hill, PA 17011 Telephone: (717)760-7501 FAX: (717)975-8124 ��U(�E'ERLA-ND COUW' ' Attorney for Defendant, E-mail: sbanko marciolisedelstein.com PEki`�'SYLVIANHA York Ice Company, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CATHERINE A. SOURBEER, DOCKET NO. 13-7039 Plaintiff CIVIL ACTION - LAW V. GLENN MILLER'S BEER & SODA JURY TRIAL DEMANDED WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND YORK ICE COMPANY, INC., Defendants PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, York Ice Company, Inc., in the above-captioned matter. MA OLIS EDELSTEIN Date: , , °� 1 By. S P EN L. BANKO, JR. Attorney for Defendant, York Ice Company, Inc. y= C T I TE OF S RVIC a3 HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, _Mn Pennsylvania, first-class postage prepaid, on the day of U110 , 2013, and addressed as follows: . Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 (Counsel for Plaintiff) Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 (Counsel for Glenn Miller's Beer& Soda Warehouse, Inc. Trading as. Glenn Miller's Beer & Soda Warehouse) �J MARGOLIS EDELSTEIN Angela ff Gayman, L'gal Assistant 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith �P i �' �w �. Chief Deputy 3 D; k, 23 t�t Richard W Stewart Solicitor " ' ' = P EPs I S Y LVA N I A Catherine A Sourbeer Case Number vs. Glenn Miller's Beer&Soda Warehouse(et al.) 2013-7039 SHERIFF'S RETURN OF SERVICE 11/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: York Ice Company, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 12/04/2013 01:56 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Andrew Wagner, Manager, who accepted as"Adult Person in Charge"for Glenn Miller's Beer&Soda Wareh se at 1029 Market Street, Lemoyne Borough, Lemoyne, PA 17043. WILLIAM CLINE, DEPUTY 12/09/2013 10:44 AM -The requested Complaint& Notice served by the Sheriff of York County upon Jarrod Snyder, Manager,who accepted for York Ice Company, at 281 Kings Mill Road,York, PA 17401. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $71.08 SO ANSWERS, December 19, 2013 RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ES Sheriff Solid Reuben B Zeager Richard E Rice Chief Deputy, Operations Chief Deputy, Administrat CATHERINE A. SOURBEER Case Number vs. GLENN MILLER'S BEER et al (et al.) 13-7039 CIVIL SHERIFF'S RETURN OF SERVICE 12/09/2013 10:44 AM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE JARROD SNYDER, MANAGER, WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR YORK ICE COMPANY AT 281 KINGS MILL ROAD, YORK, PA 17401. 66REY STRINE, DEPUTY SHERIFF COST: $25.26 S S, December 13, 2013 RICHARD P KE ERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA . Notarial Seal Sheila E.Cook,Notary public @ City of York,York County My Commission Expires Feb.1,2017 MtF'BER,PFjjNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this 13TH day of DECEMBER 2013 13-023431 ' .A T1-4! t'fr''0 r!I`;; O' rt E^; LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 20i4 JAIN -2 1,';)j Camp Hill, PA 17011 ,j4 Telephone Number: (717) 731-0988 CUMBERLAND COUNTY Attorneys for Defendant, Glenn Miller's PENNSYLVANIA Beer& Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER& SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER &SODA WAREHOUSE AND CIVIL ACTION - LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS 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 Answer to Complaint of Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse, with New Matter in the Nature of a Crossclaim 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 Answer to Complaint of Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse, with New Matter in the Nature of a Crossclaim or for any other claim or relief requested by the Plaintiff and Defendants. 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (800) 990-9108 Telephone No. (717) 249-3166 I - 13-023431 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer& Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER & SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION -LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS ANSWER TO COMPLAINT OF DEFENDANT, GLENN MILLER'S BEER & SODA WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE, WITH NEW MATTER IN THE NATURE OF A CROSSCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Paragraph 4 of Plaintiff's Complaint is directed to another Defendant as to which no response is required from answering Defendant. 5. Admitted. 6. Paragraph 6 of Plaintiff's Complaint is directed to another Defendant as to which no response is required from answering Defendant. 7. Admitted in part, denied in part. It is admitted only that on June 5, 2012, Ms. Sourbeer was a customer of Glenn Miller's. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 8. Denied. Paragraph 8 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 9. Admitted. 10. Denied. Paragraph 10 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 11. Denied. Paragraph 11 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 12. Denied. Paragraph 12 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 13. Denied. Paragraph 13 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 14. Denied. Paragraph 14 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 15. Denied. Paragraph 15 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 16. Denied. Paragraph 16 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 17. Denied. Paragraph 17 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). • l 18. Denied. Paragraph 18 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 19. Denied. Paragraph 19 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 20. Denied. Paragraph 20 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. COUNT I Catherine A. Sourbeer v. Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse 21. Paragraphs 1 through 20 are incorporated herein by reference, and made a part hereof as if set forth in full. 22. Denied. Paragraph 22 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 23. The allegations in paragraph 23 of the Complaint, including subparagraphs 23.(a) through 23(d), are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). E u 24. The allegations in paragraph 24 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. COUNT II Catherine A. Sourbeer v. York Ice Company, Inc. 2[4].-2[6]. Paragraphs 2[4] through 2[6] of Plaintiff's Complaint are directed to another Defendant as to which no response is required from answering Defendant. WHEREFORE, Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. COUNT III Joint and Several Liability 2[7]. Paragraphs 1 through 2[6] are incorporated herein by reference, and made a part hereof as if set forth in full. 2[8]. The allegations in paragraph 2[8] of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. NEW MATTER IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANT, YORK ICE COMPANY, INC. 2[9]. Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, incorporates herein by reference as though fully set forth at length the allegations of Plaintiff's Complaint, without admitting or denying same. 3[0]. If Plaintiff did sustain the damages as alleged, which allegations are specifically denied, then said damages were caused, not as a result of any negligence, carelessness or recklessness of Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Defendant, York Ice Company, Inc. 3[1]. Defendant, York Ice Company, Inc., should therefore be held solely liable to the Plaintiff, and/or jointly and severally liable to the Plaintiff, and/or liable over to Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, on any judgment that may be entered in favor of Plaintiff and against Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse. - - n - 4* flr-. - tan e -*4>'-----c---- - w--..--e'±- WHEREFORE, Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse demands judgment against Defendant, York Ice Company, Inc., finding them liable on the Plaintiff's claim or, in the alternative, liable over to Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse for indemnity and/or contribution. Respectfully submitted, LA • FICE ' S •ER & DORER Date: December 31, 2013 Donald R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 13-023431 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer& Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER& SODA NO. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER CIVIL ACTION -LAW & SODA WAREHOUSE AND YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS VERIFICATION I, Rodney Miller verify that the statements made in the foregoing Answer to Complaint of Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse, with New Matter in the Nature of a Crossclaim which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: i;10-till V° VA/ Ro D . Ma I It., Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse DEC 2 6 2013 13-023431 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer& Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER& SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION - LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse herein, and that he caused a true and correct copy of the attached Answer to Complaint of Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse, with New Matter in the Nature of a Crossclaim to be served by regular first class mail upon: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff and Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant, York Ice Co., Inc. Date: December 31, 2013 Donald R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 STEPHEN L.BANKO,JR.,ESQUIRE I r f}t PRO ONO TA ,+,1. Pa.Supreme Court I.D.No.41727 MARGOLIS EDELSTEIN 2014 3510 Trindle Road J j -9 Ali 10; 40 Camp Hill,PA 17011 Attorney for Defendant Telephone: (717)760-7501 CUMBER York Ice Co.,Inc. CUMBERLAND C0 FAX: (717)975-8124 COUNTY Y (incorrectly identified as E-mail: sbanko(cr7margolisedelstein.com PENNSYLVANIA York Ice Company,Inc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CATHERINE A. SOURBEER, DOCKET NO. 13-7039 Plaintiff v. CIVIL ACTION - LAW GLENN MILLER'S BEER & SODA WAREHOUSE, INC. TRADING AS JURY TRIAL DEMANDED GLENN MILLER'S BEER & SODA WAREHOUSE AND YORK ICE COMPANY, INC., Defendants ANSWER OF DEFENDANT, YORK ICE CO,, INC, (INCORRECTLY IDENTIFIED AS YORK ICE COMPANY, INC.) TO NEW MATTER CROSS CLAIM OF DEFENDANT, GLENN MILLER'S BEER & SODA WAREHOUSE, INC. 2[9]. Defendant, York Ice Co., Inc. ("York Ice") incorporates herein by reference paragraphs 1 through 34 of its Answer, New Matter and Cross-Claim to Plaintiffs Complaint as if set forth in their entirety. 3[0]. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the averments contained in paragraphs 32 through 34 of York Ice's Cross-Claim are incorporated herein by reference as if set forth in their entirety. 3[1]. Denied. The answer contained in paragraph 3[0] hereof is incorporated herein by reference as if set forth in its entirety. 1 WHEREFORE, Defendant, York Ice Co., Inc., demands judgment in its favor and against Plaintiff or in the alternative, demands judgment in its favor and against Glenn Miller's Beer & Soda Warehouse, Inc. for sole liability to Plaintiff, joint and several liability with York Ice, or liability over to York Ice, by way of indemnity, or otherwise, any liability on the part of York Ice being specifically denied. Respectfully submitted, M G 'GOLIS EDELSTEIN Date: ` By: Ilk STE'9 HEN . BANKO, JR. Cou Lel for'Defendant York Ice Co., Inc. (Incorrectly identified as York Ice Company, Incorporated) 2 • • £� CERTIFICATE OF.'SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the U day of _ C11'1()GI/� , 2014, and addressed as follows: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 (Counsel for Plaintiff) Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 (Counsel for Glenn Miller's Beer& Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse) MARGOLIS EDELSTEIN � , �a . Angel M. Gayman, Legal Assistant • STEPHEN L.BANKO,JR.,ESQUIRE OF THE PRo FROND TARY Pa.Supreme Court I.D.No.41727 MARGOLIS EDELSTEIN 2014 JAN -9 AM 10: 33 3510 Trindle Road i Camp Hill,PA 17011 Attorney for Defendant Telephone: (717)760-7501 CUMBERLAND COUNTY York Ice Co.,Inc. FAX: (717)975-8124 PENNSYLVANIA (incorrectly identified as E-mail: sbanko(amargolisedelstein.com York Ice Company,Inc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CATHERINE A. SOURBEER, DOCKET NO. 13-7039 Plaintiff v. CIVIL ACTION - LAW GLENN MILLER'S BEER & SODA WAREHOUSE, INC. TRADING AS JURY TRIAL DEMANDED GLENN MILLER'S BEER & SODA WAREHOUSE AND YORK ICE COMPANY, INC., Defendants NOTICE TO PLEAD TO: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Res.s tf ly submitted, MA" GtO S EDELSTEIN Date: By: , STEPIIIEN . BANKO, JR. Counsel for Defendant York Ice Co., Inc. (Incorrectly identified as York Ice Company, Incorporated) STEPHEN L.BANKO,JR.,ESQUIRE Pa.Supreme Court I.D.No.41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,PA 17011 Attorney for Defendant Telephone: (717)760-7501 York Ice Co.,Inc. FAX: (717)975-8124 (incorrectly identified as E-mail: sbankoc margolisedelstein.com York Ice Company,Inc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CATHERINE A. SOURBEER, DOCKET NO. 13-7039 Plaintiff v. CIVIL ACTION - LAW GLENN MILLER'S BEER & SODA WAREHOUSE, INC. TRADING AS JURY TRIAL DEMANDED GLENN MILLER'S BEER & SODA WAREHOUSE AND YORK ICE COMPANY, INC., Defendants NOTICE TO PLEAD TO: Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 (Counsel for Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse) You are hereby notified to file a written response to the enclosed New Matter Cross Claim within twenty (20) days from service hereof or a default judgment may be entered against you. R:- •-ctfully submitted, M A 4.OLIS EDELSTEIN Date: 1,,`'% By: A A S-7 El L. BANKO, JR. Count! for Defendant York Ice Co., Inc. (Incorrectly identified as York Ice Company, Incorporated) STEPHEN L.BANKO,JR.,ESQUIRE Pa.Supreme Court I.D.No.41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,PA 17011 Attorney for Defendant Telephone: (717)760-7501 York Ice Co.,Inc. FAX: (717)975-8124 (incorrectly identified as E-mail: sbanko a margolisedelstein.com York Ice Company,Inc) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CATHERINE A. SOURBEER, DOCKET NO. 13-7039 Plaintiff v. CIVIL ACTION - LAW GLENN MILLER'S BEER & SODA WAREHOUSE, INC. TRADING AS JURY TRIAL DEMANDED GLENN MILLER'S BEER & SODA WAREHOUSE AND YORK ICE COMPANY, INC., Defendants ANSWER, NEW MATTER AND CROSS-CLAIM OF DEFENDANT, YORK ICE CO., INC., (INCORRECTLY IDENTIFIED AS YORK ICE COMPANY, INC.), TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation Answering Defendant, York Ice Co., Inc. (York Ice"), mis-identified as York Ice Company, Inc., is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted in part and denied in part. As to the business organization which operates Glenn Miller's Beer & Soda Warehouse, Inc. ("Glenn Miller"), after reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 3. Admitted in part and denied in part. The answer contained in paragraph 2 hereof is incorporated herein by reference as if set forth in its entirety. 4. Admitted. 5. Admitted. Upon information and belief the averments contained in this paragraph appear to be true. 6. Admitted. 7. Denied as stated. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, after reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 8. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 9. Admitted. Upon information and belief, the averments contained in this paragraph appear to be true. 10. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 11. Admitted in part and denied in part. York Ice admits that it delivered ice to Glenn Miller on or about June 5, 2012, with regard to the remaining allegations contained in this paragraph, after reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 12. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 13. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 14. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 15. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 16. Admitted. Upon information and belief, the averments contained in this paragraph appear to be true. 17. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 18. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation as to the causal relationship between a diagnosed fracture of the left ankle and alleged fall on June 5, 2012, after reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 17. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 18. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 19. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 20. Denied. After reasonable investigation York Ice is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. COUNT I Catherine A. Sourbeer v. Glenn Miller's Beer & Warehouse, Inc. tla Glenn Miller's Beer & Soda Warehouse 21. The answers contained in paragraphs 1 through 20 hereof are incorporated herein by reference as if set forth in their entirety. 22.-24. The averments contained in these paragraphs are directed to a party other than York Ice. Accordingly, and upon advice of counsel, no answer on the part of York Ice is required. WHEREFORE, Defendant, York Ice Co., Inc., demands judgment in its favor and against Plaintiff. COUNT lI Catherine A. .Sourbeer v. York Ice Company, Inc. 24. (Sic). The answers contained in paragraphs 1 through 24 hereof are incorporated herein by reference as if set forth in their entirety. 25. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, York Ice had no notice of any alleged dangerous condition that caused or contributed to Plaintiffs alleged fall or injuries. 25.a.-d. Denied. The answer contained in paragraph 25 hereof is incorporated herein by reference as if set forth in its entirety. 26. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the answers contained in paragraphs 18-20 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendant, York Ice Co., Inc., demands judgment in its favor and against Plaintiff. COUNT III Joint and Several Liability 27. The answers contained in paragraphs 1 through 26 hereof are incorporated herein by reference as if set forth in their entirety. 28. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the answer contained in.paragraph 27 hereof is incorporated herein by reference as if set forth.in their entirety WHEREFORE, Defendant, York Ice Co., Inc., demands judgment in its favor and against Plaintiff. NEW MATTER 29. The answers contained in paragraphs 1 through 28 hereof are incorporated herein by reference as if set forth in their entirety. 30. Plaintiffs injuries, if any may have been caused or contributed to persons or entities over whom York Ice had no control. 31. Plaintiff may have failed to mitigate her own damages. WHEREFORE, Defendant, York Ice Co., Inc., demands judgment in its favor and against Plaintiff. NEW MATTER CROSS-CLAIM PURSUANT TO PA. R.C.P. 1031.1 YORK ICE COMPANY, INC., THE GLENN MILLER'S BEER & SODA WAREHOUSE, INC. 32. The answers contained in paragraphs 1 through 31 hereof are incorporated herein by reference as if set forth in its entirety. 33. Without admitting the truth or falsity hereof, York Ice incorporates the following paragraphs of Plaintiffs Compliant: 1-3, 5, 7, 12 and 21-24. 34. If it is judicially determined that the allegations in Plaintiff's Complaint permitted recovery, said allegations being specifically denied, that in such event, Glenn Miller is solely liable to Plaintiff, jointly and severally liable to Plaintiff with York Ice or liable over to York Ice by way of indemnity or otherwise, any liability on the part of York Ice being specifically denied. WHEREFORE, Defendant, York Ice Co., Inc., demands judgment in its favor and against Plaintiff or in the alternative, demands judgment in its favor and against Glenn Miller's Beer & Soda Warehouse, Inc. for sole liability to Plaintiff, joint and several liability with York Ice, or liability over to York Ice, by way of indemnity, or otherwise, any liability on the part of York Ice being specifically denied. Respectfully submitted, OLIS EDELSTEIN Date: ) f f By: 1114 'rfisH L. BANKO, JR. Cou sel for Defendant York Ice Co., Inc. Dec 31 13 09:36a p.2 VERIFICATION I, Elizabeth N. Snyder, Secretary of York Ice Company, Inc., have read the foregoing Answer, New Matter and Cross-Claim to Plaintiffs Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, 1 may be subject to criminal penalties. Date: 1 -30-c2013 ag k- /9„,.1 ELIZAB TH N. SNYDER I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the gm day of , 2014, and addressed as follows: Stephen M. Greecher, Jr Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 (Counsel for Plaintiff) Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 : Camp Hill, PA 17011 (Counsel for Glenn Miller's Beer & Soda Warehouse, Inc. Trading as Glenn Miller's Beer & Soda Warehouse) MARGOLIS EDELSTEIN i fkIY1JF . tun Angela"M. Gayman, l e al Assistant Y 9 A 4 LO1! ,��1jA, 13-023431 LAW 214 en to Avenue, Suite 600 DORER CUMBERLAND ca '�T Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer& Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER& SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION - LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS ANSWER TO NEW MATTER CROSS-CLAIM PURSUANT TO PA. R.C.P. 1031.1 AGAINST THE GLENN MILLER'S BEER & SODA WAREHOUSE, INC. 32.-33. Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse, incorporates herein by reference as though fully set forth at length the allegations of Plaintiff's Complaint, without admitting or denying same. 34. Paragraph 34 sets forth a conclusion of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). 4 WHEREFORE, Defendant, Glenn Miller's Beer & Soda Warehouse, Inc., trading as Glenn Miller's Beer & Soda Warehouse, demands judgment in its favor. Respectfully submitted, LA ' • ICE O' SN • & DORER Date: Janus 15 2014 / •T-d R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 13-023431 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER & SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION - LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Glenn Miller's Beer & Soda Warehouse, Inc., trading as Glenn Miller's Beer & Soda Warehouse in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relatin• o unsw.rn .:Isification to authorities. Date: Janua ry 5 1 / , 2014 Donald R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 13-023431 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Glenn Miller's Beer& Soda Warehouse, Inc. trading as Glenn Miller's Beer& Soda Warehouse CATHERINE A. SOURBEER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN MILLER'S BEER & SODA No. 2013-7039 WAREHOUSE, INC. TRADING AS GLENN MILLER'S BEER & SODA WAREHOUSE AND CIVIL ACTION -LAW YORK ICE COMPANY, INC. JURY TRIAL DEMANDED DEFENDANTS CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading as Glenn Miller's Beer & Soda Warehouse herein, and that he caused a true and correct copy of the attached Answer to New Matter Cross-Claim Pursuant to Pa. R.C.P. 1031.1 Against Glenn Miller's Beer & Soda Warehouse, Inc. to be served by regular first class mail upon: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff and Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant York Ice Co., Inc. Date: January 15 2014 �I� •'nald R. Dorer, Esquire Attorney for Defendant, Glenn Miller's Beer & Soda Warehouse, Inc. trading Glenn Miller's Beer & Soda Warehouse Court I.D. No. 39126 Stephen M. Greecher, Jr. Attorney's I.D. No. PA-36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 Email: scireechertuckerlaw.com CATHERINE A. SOURBEER Plaintiff, V. GLENN MILLER'S BEER & SODA WAREHOUSE, INC. Trading as GLENN MILLER'S BEER: & SODA WAREHOUSE and YORK ICE COMPANY, INC. Defendants 2014 4Pi? 10 PH I: 45' cutiaERL 4NO COIN r pevis vA N/A ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-7039 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter satisfied and discontinued with prejudice. DATE: Respectfully submitted, TUCKER AR SBEt, P.C. By: hen M. dreecher, Attorney's I.D. No. PA-36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 221-7955 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE AND NOW, this 8th day of April, 2014, Sue-Ellen Danielsen, Legal Assistant for the law firm of TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 HBGDB:143305-1 023155-156482 Sue-Ellen Danielsen