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HomeMy WebLinkAbout05-2272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; WILLARD E. CAMPBELL, General Partner, Defendants. CIVIL DIVISION - LAW No. OS- - ;;<:),1 ~ ell.) l 1fR..~ COMPLAINT IN CIVIL ACTION Filed on Behalf of Cecilia Damich, Plaintiff Counsel of Record for this Party: Bradley M. Bassi, Esquire Pa. I.D. 28843 BASSI, McCUNE & VREELAND, P.C. Attorneys at Law Firm No. 335 P.O. Box 144 111 Fallowfield Avenue Charleroi, PA 15022 (724) 483-5502 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- No. HOSS'S STEAK & SEA HOUSE INC; HOSS'S RESTAURANT OPERATIONS, INC; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP, WILLARD E. CAMPBELL, GENERAL PARTNER, Defendants. JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to de end against the claims set forth in the following pages, you must ake action within twenty (20) days after this Complaint and Notice are served upon you, by entering a written appearance personally 0 by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wa ned that if you fail to do so the case may proceed without you an a judgment may be entered against you by the Court, without furt er notice, for any money claimed in the Complaint or for any ot er 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 TELEPH NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE AL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- HOSS'S STEAK & SEA HOUSE INC; BOSS'S RESTAURANT OPERATIONS, INC; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP, WILLARD E. CAMPBELL, GENERAL PARTNER, Defendants. No. 05 - ;<J. ] J- PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: C', cL'-r~ please enter my appearance on behalf of the Plainti f, Cecilia Damich, in the above captioned matter. RESPECTFULLY SUBMITTED, , BASS...fl Me CUN.~E"~ EELAND, I '(( ~J~" . By : . (C!l , . ". radley M. Bassi Counsel for Plaintiff P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- No. OS' - .M72...- c; ~L~~ HOSS'S STEAK & SEA HOUSE INC; HOSS'S RESTAURANT OPERATIONS, INC; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP, WILLARD E. CAMPBELL, GENERAL PARTNER, Defendants. COMPLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, Cecilia Damich, by an through her counsel, the law firm of Bassi, McCune & Vreeland P.C., and in support of her Complaint in Civil Action sets fo th the following: 1. Plaintiff, Cecilia Damich, is an adult individual residing at 75 Damich Lane Bentleyville Washington County Pennsylvania 15314. 2. Defendants Hoss's Steak & Sea House Inc is a foreign business corporation with corporate headquarters locat d at 170 Patchway Road, Duncansville, Blair County pennsylvan'a 16635. 3. Defendant Hoss's Restaurant Operations, Inc. s a Pennsylvania business corporation with its headquarters loca ed at RD 4 Box 377, Duncansville, Blair County, Pennsylvania 16 35. 4. Defendants Hoss's Steak and Sea House is a limited partnership with Willard E. Campbell, general partne , with headquarters located at 764 Plaza, Duncansville, Pennsylvania 16635. 5. At all times material hereto, Defendants owned maintained, controlled and operated a Hoss's Steak and Sea Ho se restaurant located at 1151 Harrisburg Pike, Carlisle, Cumberl nd County, pennsylvania 17103. 6. On May 6, 2003, at approximately 5:00 p.m., plaintiff stopped to eat at Defendants' restaurant and therefo e was a business invitee at the time of the incident complained of. 7. While Plaintiff was standing at the buffet, waitress dropped a large stack of dinner plates, which stru k Plaintiff's left leg and right foot. 8. At all times material hereto, the unidentifie waitress was the employee, agent and/or servant of the Defendants, acting within the course and scope of her author ty and all allegations as to the responsibility and fault of th s waitress are to be taken and understood as applying to the Defendants under the doctrine of Respondeat Superior. 9. As a direct and proximate cause of Defendants' negligence Plaintiff has suffered serious bodily injuries and damages as described more fully herein. 10. Defendants conduct was negligent, careless and reckless generally and in the following particulars: (a) In dropping a heavy stack of dinner plates on Plaintiff's left leg and right ankle; (b) In carrying and/or transporting said plates whe they were not properly balanced; (c) In carrying and/or transporting said plates in n improper manner; (d) In carrying and/or transporting said plates whe the individual was not physically capable and/o strong enough to do so; (e) In carrying and/or transporting said plates without requesting assistance when such assistance was clearly required under the circumstances; (f) In failing to properly train its employees; (g) In failing to provide adequate equipment such as rolling carts, for the transportation of heav stacks of dinnerware; (h) In failing to have on duty a sufficient numbe of employees to transport said heavy stacks of dinnerware; (i) In failing to monitor and/or supervise employes; (j) In breaching the affirmative duties owed to Plaintiff who was a business invitee. 11. As a direct and proximate result of the neglig nt and/or careless conduct of the Defendants, as more fully set forth above, Plaintiff has sustained the following painful injuries, some or all of which may be permanent: (a) lacerations and contusions of the left lower 1 g and right ankle; (b) swelling of the left lower leg and right ankle; (c) pain and limited range of motion, particularly of the right ankle; (d) aggravation of talonavicular joint disease of t e right ankle; (e) Surgical correction [arthrodesis] of the right ankle talonavicular joint; (f) Pre-surgical edema; (g) Restrictions on normal daily activities; (h) Post surgical limited mobility; (i) Post surgical synovitis and; (j) Persistent pain in the right foot. 11. As the further and direct and proximate resul of the negligence, carelessness and recklessness of the Defenda ts, Plaintiff has incurred great pain and suffering in the past nd will in the future be forced to suffer great pain and suffering and mental anguish, physical pain and loss of motion. 12. As a further direct and proximate result of th negligence, carelessness and recklessness of the Defendants, Plaintiff has been caused to incur medical expenses, includin but not limited to, x-rays, hospital, medical, medicinal, surgical and therapeutic treatments and may be forced to submit to the same in the future. 13. As a further direct and proximate result of the negligence, carelessness and recklessness of the Defendants, Plaintiff's health, in general, has been seriously and permanently impaired and she has been and will be in the futur be prevented from attending to her usual daily activities and services and has been caused to incur a loss of enjoyment 0 life. WHEREFORE, Plaintiff Cecilia Damich demands damage against the Defendants Hoss's Steak & Sea House, Inc., Hoss' Restaurant Operations, Inc., Hoss's Steak and Sea House, Lim ted Partnership, Willard E. Campbell, General Partner, both join ly and severally in an amount in excess of $30,000 and in exces of the amount in excess of the amount requiring compulsory judicial arbitration. JURY TRIAL DEMANDED r, RESPEOTFULLY By: VREELAND, P.C. M. Bassi for Plaintiff VERIFICATION I verify that the statements made in this Complai Civil Action are true and correct to the best of my knowl dge, information and belief. I understand that false statements h rein are made subject to the penalties of 18 Pa. C.S. ~4904 relati 9 to unsworn falsification to authorities. Dated: April 27, 2005 <~ CECILIA DAMIell ("::) ~ ~ T( ~ ,-> ~B ,~ = C,::;) <~~ cJ' -::1 II( ~ f;1 fD -0 \) ~ '.n_O-) -- ~ I ~f) '"1 \" "'\) w >::\ C?~ W ~ --0 i~:~~:_A ~ --t::, -". .- fl ~ ':-::~~ "\7 ''1'7 .- "J - .:< -l - Stephen E Geduldig, Esquire E-maii: sgeduldig@tthlaw.com Attorney LD. No. 43530 Derek D. Bahl, Esquire E.mafl: dbahl@tthlaw.com Attorney 1.0. No. 87851 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 Attorneys for Defendants: FAX (717) 237-7105 HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERATIONS, INC; HOSS'S STEAK AND SEA HOUSE LIMITED PARTNERSHIP; and WILLARD E. CAMPBELL, General Partner CECILIA DAMICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 05-2272 CIVIL TERM HOSS'S STEAK & SEA HOUSE, INC.; BOSS'S RESTAU~ANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; and WILLARD E. CAMPBELL, General Partner, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Derek D. Bahl, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Hoss's Steak & Sea House, Inc., Hoss's Restaurant Operations, Inc., Hoss's Steak and Sea House, Limited Partnership and Willard E. Campbell, General Partner, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint_ Respectfully submitted, f'/iY'L>?- THOMAS, THOMAS & HAFER, LLP By: ~~/ STEPHEN E_ GEDULDIG, ESQUIRE Attorney I.D. No. 43530 DEREK D. BARL, ESQUIRE Attorney I_D. No. 87851 Attorneys for Defendants, HOSS'S STEAK & SEA HOUSE, IC., HOSS'S RESTAURANT OPERATIONS, INC., HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP and WILLARD E. CAMPBELL, General Partner 356995.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the -' 5 ~ day of May, 2005, on all counsel of record as follows: Bradley M. Bassi, Esquire BASSI, McCUNE & VREELAND, P.C. Post OfficE Box 144 Charleroi, Pennsylvania 15022 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ~--- Stephen E. Geduldig, Esquire 357059.1 ,,~c> ~~:-:'; ~ . . c> .'n .---::! ;11 C-'l -,.,') --- , c,':! ~\- ---~-~~~. ~ ~~............~.... "..........,., --.,..., ,-",,,,..,...,,Tr..,"'<T SHERIFF'S RETURN - REGULAR CASE NO: 2005-02272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAMICH CECILIA VS HOSS'S STEAK & SEA HOUSE ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOSS'S STEAK AND SEA HOUSE the DEFENDANT at 1650:00 HOURS, on the 5th day of May at 1151 HARRISBURG PIKE , 2005 CARLISLE, PA 17013 by handing to DANA VORKAPICH, ASSOCIATE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.70 .00 10.00 .00 19.70 ~~~L'~ R. ! 'Thomas Kl ine 05/17/2005 BASSI MCCUNE VREELAND Sworn and Subscribed to before By: j/ $/ J./{ Deputy S~ t:.- me this ;?l{- day of //.4;'/1\ d- tv )' A . D . Ltdo'tLh~ot~ OPJ~, ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAMICH CECILIA VS HOSS'S STEAK & SEA HOUSE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOSS'S RESTAURANT OPERATIONS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th, 2005 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge So answers.,-- ../ / 6.00 .00 10.00 .00 .00 16.00 05/17/2005 BASSI MCCUNE ~ - .~.. _.....-..-./ ...",.-? ..~c<:~./'"~?C C' 'c~ R. 'Thomas Kline (, Sheriff of Cumberland County VREELAND Sworn and subscribed to before me this ,).l{ ~ day of Il, /17 d-IfO'l' A.D. \. \" "t., Q 'ht, PA.o A {J",r jlprothonotary 1"'--; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAMICH CECILIA VS HOSS'S STEAK & SEA HOUSE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOSS'S STEAK AND SEA HOUSE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th, 2005 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge So answers c. ~ 6.00 .00 10.00 .00 .00 16.00 05/17/2005 BASSI MCCUNE ----. . ~-,--~ - --'~ -"--~,," ~:':;;::;::--'~::'._,_..-----:;::; . -"r( <' ---.'2-:"..-/ .- .~ .?-::'./ ~...,/ - ..,/ ......-?.... -~ __- -C..---'- R. I Thomas Kline Sheriff of Cumberland County VREELAND Sworn and subscribed to before me .... ;1,'-{ day of 7~ this ;Li'tJ<;' A.D. L~I.,- Q }11Jo#", ~ 1 Prothonotary J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAMICH CECILIA VS HOSS'S STEAK & SEA HOUSE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CAMPBELL WILLARD E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th, 2005 , this office was In receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge So answer,s.';' -.-........, ./ 6.00 .00 10.00 .00 .00 16.00 05/17/2005 BASSI MCCUNE ~:=>..~ R.' Thomas Kline Sheriff of Cumberland ~- ~__. c ."7 County VREELAND Sworn and subscribed to before me this :l'l'E day of ~ J/JoJ A.D. C ~~ Q ~vo,~ '~' -; Prothonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania Cecilia Damich VS. Hoss's Steak & Sea House Inc et al SERVE: Hoss 's Steak and Sea House Inc No. 05-2272 civil Now, May 4, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~aL'.. 0/"-: r ........&.M"~/~.R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ OA TE RECEIVEO SHERIFF'S DEPARTMENT ";e;r BLAIR COLIN 11. "LNNSY' VANIA COURTHOUSE. HOIIIDI\YSBlIRG. PA 1fi648 I [ INSTRUCTIONS -~-~/-[ 3 7~- I PrlnllAglbly insuring lfla.Jabdlty of all coples_ 19 -.L Do no! detach any copies BCSO ENV , ~:I;};J;d'~~~ ~r0~ . r:~-~~;-~ SERVE { ,,-, 'Ho35""t =Sf;Q.K"'If 00 ~~07'Q~' Sl~~'~O",",", __ . ~___~:~S/'70' RFDY'5YC.fl7;;t. S"'e '~ct. Ql0c~ ~C\f'J.Vj~____~~ , 'NO'CATE UNUSUAL SERv'CE [3PERSONAL [J<>ERSON 'N ~ [JDErUT"E [JCERf MAIL [JREG"':"'RE'D MAli... . [JPOSTED [JOTHER.__ ___ __, I. SHERIFF OF BLAIR ,COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and nsk of the plaintiff. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN NOW, ___" _~_ "_~ Slj~ Ri-FF~-~?E ~l. ~\~~CCiu~~~i=-__ 8 ;,PECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN fXPEDlTING SERVICE NOTE ONLY APPllCA8lE ON WRIT OF EXEcunON NB WAIVER OF WATCHMAN -- Any deputy sheriff levying upon or allachi[)~l any property under within writ r;13y leave ~ilmc '-"'Ithoul a watchman. In custody 01 whomever is found in possession. aft..r noli lying person of levy or .lltilchmf'nl, without liabihty on thfJ part of 51JCh df'Pul'i or lr,e s'1('r,jl 10 any plamlltl hf'rem for any loss, destruction or removal of any such properly before sllerllls' sale U-,ereof (f::-""" ; "m""!Q~cr""LO;~l'; ::;~;;:::Jo-m'"."","."o." " '"" = 2 "h"~;';;:,e 'eceD;;;~: ~,~E{Bf~J F~I~;T~~.gA';;~~~.~...~. e7.;~~. '.~.I~f.~.il~"d.Jr ~",~'f \'I. R_\:r~~;~,L~t.~;;ifjl~ L~. r.I.-~~'1-:;~..- -.'o/Hf. a.-r;~.-g.l-~I.~'--' o'_~~m;)I~'n\ 'JS_~"dlcale_~atov~_~___ .._~~_r'\.!.--_~__.__, ~L~_ __ , s, ",3;0 S'------~/-~l9v,,-, . 15 1 '''-"eby CERTIFY <lnd RETURN 11'1;H 1 Ohal'e persoll31!\, servt>d, ~alle sprved Pf'rson In ell.Hge. CJ have I,,(~<tl "~Vlcjf'[1U~ () ~"'h'" ,!'; ';n:'w" In 'Rflm;:Jrks" (0[1 reVelSe) [J ~1i1\,(' rosl"(] :"e above described rrooerly With (tle writ or complain! desCf,be,'1 on lhe 'I1dIVlclual, company CUlPOI Cltl,lll, e" it I~',,' .1, ),~ "to< 'f. 11 abovp 0' on the "1\ii'"'(~".-l.1 CO~f).1nv (Nomalror" er;: aI/he address mSPr!ed below bv hand;~9!OI Pas lIng a TRUE and ATTESTED COP',' I"Plnc' :e) ,; P"'ol).'l;)1 s,lel!>:" aqe~a;;-d'd;sc~alion -~~R~~d- 6~d~~ ,.".'1fC-';""C'()"'lh....,,1Plf>ndant..susu...alPlacel ,,' ,,""Yh', ,L~ "".', ,____.,_~}. __'____________ :,,",;A;; f";~oo ......17o_faCthW(Ltt :u~Lf~__ __ Y~'~l;,,= 2~:TTEMPTS i .~~ ''''" J D.p :1::lile, D.p. '0'1:. Mil" I Dep. 'o'r~". T M;'~o I Dep '0' L:rI ~p I" -J~~:~o'o ~ /I O~~ YL/,60 27 TO"'CCC"~~~J28<g79ifs~gt:;;) 15 [} hp.feby cert,lyand r8r'c'~n a NOT FOUND bpcause 1 am unatlle (0 1~~~~e._'nrl,vl~_~::'...n:~_~::.:'Po~t~()(~ ek n"fT1;'" ~ N'~ 'o""":;;;;;::~'~d~~,--!lll ~_ ~ __ _~___n__ 19 A\1liress 01 .tl~'e serVf>O (compl~le only,J c,fte,ent 111an snowll above) (Street or flFO. Aoartmerd No, Cd,. 80ro_ T...o State and IP Cede) ;..... r.;,,,~,, ('i.lr-...,;) AFFIRMED l-Z'f6-r , 1 rg BOlD Blair County J MY CO"~MISSI N ExM)\~ffilSS!.on Expires ADr 3 2007------L I ACKNowL~~\@Flia~l5F~sU N SIGNATUR Of: AUTHOR:ZED ISSlJlrJG AUTHORITY AND TITLE r-;IFf OF BI AIR COUN 1 Y ! J<J --O~i-~Aecei~~d--.'- SMEIIIFF'S RETURN OF SERVICE () (1) The within upon defendant by mailing to by prepaid a true and attested copy thereof at , the within named mail, return receipt requested, postage on the ( ) The return receipt signed by defendant on the made part of this retum. Outside the Commonwealth, pursuant to Pa. attested copy thereof at is hereto attached ann (2 ) R.C.P.405 (c) (1) (2), by mailing a true and in the following manner. ( ) (a) To the defendant by ( ) registered ( certified mail. return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant. but with a notation by the Postal Authorities that defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of :his return. And thereafter: ( ) (b) To the defendant by ordinary mall addressed to defendant at same address. With the return address of the SherIff app-ari~!1 thereon. on the I further certify that after fifteen (15 ) days from the mailing date, I have not received ,aid envelope back from the Postal ,Authorities. A certificate of mai~ng is hereto attached as a proof of mailing. () (3) By publication in a daily publication of general circulation in the County of Blair Commonwealth of Pennsylvania. _______ time (s) With publication appearing The affidavit from said publication is hereto attached. I ) (4 ) By mailing to _._---~."~" by a true and attested copy thereot at The ---~-- Authorities marked is hereto attached. ( ) (5 ) Other mail. return receipt requested. postage prepaid. on the returned by the Postal In The Court of Common Pleas of Cumberland County, Pennsylvania Cecilia Damich VS. Hoss's steak & Sea House Inc et al SERVE: Hoss 's Restau-r,ant Operations Inc No. 05-2272 civil Now, May 4, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(7./" W/.' r ...~~/~...(> Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ fJA. TE RECEIVED BLAIR COIINT! PENNSYLVANIA COURTHOUSE. HOII IDAYSBURG. PA. 166413 ~.~~" (31J- SHERIFF'S DEPARTMENT PRO~~~S::~-~~~~:~ ~~~~~~IT OF RETURN - r:~~:~~~~O,::U""' 'oadab'''ty of a~I cop:e~ ~ Do nol detach any copIes. acso ENV. # ~Cfr!i~':O- ~,., :01, -- ::;;o1?oE-; SERVE{ 5 NAHoNS'SAfCOM?A ?51O::~~~SCAI(5~01{Bi'Q'~TT~~c:~- ! · AOK?}""t m AFD . Co" Boco. TWI ::1" ""czrU r'\ ~Q nJ~(',-'_L~ . . - I INDICATE UNUSUAL SERVICE PERSONAL ~SON tN CHARGE OOEPUTlZE DCEAT_ MAtl QREG1STERED ~~Il OPOSTEO~---Oonu~;_~~=- BLAIR ,COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk 01 the plaintiff. ___ __ __._ __ S~i[RiFf OF BI-AIR-C"OUNTv NOW._ __, I, SHERIFF OF 8 SPECiAL. INSTRUCTIONS OR OTHER INFORMATION THAT Wttl ASSISllN EXPEOlllNG SERVtCE NOTE ONLY ,WPllCM3LE ON WRIT OF EXECUTtON N_S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attachln~j any propm1y under within wnt rl<ly leave ~a!1l(' '....,tl',out a watch:l1<\rI. i{'\ custody 01 whomever is lound in possession. allN notifying person of levy or .ll"actlrnenl, without liahillty on the parl at sllCh deouty or Ihe s'1~rjj! to any plalnlllt herein lor any loss. destruction or removal of any sllch property before sheriff;; sale It,ereo' (1~"""" ~'O"~,~~:~'~:!i:,;~:3E;1 ~::.::::"::, OW [:~"__ .'~~:;~:,:~::~:,:=:~~-c~T-~:;Zlu;:t~O~Dt.]3:V--u-- T~''S7j%iT'~~/(r~'~ 15 I :~\'wty CERTIFY and RETURN 11'1..1 I [] have personally served.~ave ,;"rved person on charge U hilve 1<'0,11 "'vl(l"',,;" of ~""">' d~ 'il'.'Vm 111 'R~mad(s" Ion 'ev~,e,el C;'1il"" posl?>") :~e above desultlf'rl rrop"rly w'lh Ihe wn! or compl;:lInl d"'scnhed on Ihe ndlvldual, cornpany, COlPOJilIIUll. ell .\t I"" c'dd,." .;11"""'1 ,1bove 0' on the 'Pdl'..,,:JUill C()~o.lny, CCI:)orat,or r.t~ Jllhe address Inserled below bv handJ."glor Posllng a TRUE and ATTESTED COPY Ihpr"'" 15 QI h~'eby (;(,r1'ly_~n a NOT FOUND twciluse I am unable 10 lO:~~~~~~~:~I~~~~_c~~pany. _~~~:_I~r~ f~_: n.l'T'Isj _:_~ndtIIlPO!.r:{!rv "'iserved _~!f 19 Address 0 n~re serVf>rl (compl"! e only ,f e,f/eren! than shown abovel (St(e~\ Q( r1:1 \) '\\.><II\""l"\ No ,CI\Y. BOlO Two. S"~Z~j7/ j)~//A' i2ATTEMPTS-O;;;;---f"'" Dep 'O~D..e - i M,le, I.Door'. ["- 1-..' ~. ., [""'I 23 A<)':ance Cos!,; i 24 ~s, t 26 2~O:_osts ,1:,.-",' ,'>"),-.,., ','.rnr..; b,+:Jw) i.--ifl -t..- p<'f<, ".'1 ~'1;.>~1;1"b\>> ;~q-e-.a ~6 d\s"cratjMl~R~.~. ~d-.'-.o.7d..~~. I Ihp" rf'~,dln'1,n lhl" d!'lpndanl s usual place ! ,,1 .-l~W"~~ J-~__ u_ __ _.____ I-=L _ _ _"_ !'j?~f//ao 0'0 1~'_LO"tel Mlle;T~:: lot reDST OUEO:REFUNO M'les 30_ REMARKS - ~...:'.=. .()~ id--l:".~.. i ec..o~ otary Public I Hollidaysburg Boro. Blair County __~!::_~~~1MISSiON EX?IRE~ My C'.ommi",,,,irm l=~pin}C' '\pro J. 2001 I ACKNOWLEDGE RECEj\I~fu!Qf, p~s s - res OF AurHOR:ZEO IssunJG AUTHO~ITY AND TITLE so ANSWER. ~ - -lfI----~- .. Im_D"'~_dS taTe __..l_.._ S" AIR COUNTY --139--~le-R-';-C~'~~d- SHERIFF'S RETURN OF S.RVICE () (1) The within upon defendant by mailing to by prepaid a true and attested copy thereof at __, the within named mail, return receipt requested, postage on the ( ) The return receipt signed by defendant on the made part of this return. Outside the Commonwealth, pursuant to Pa. attested copy thereof at is hereto attached anrl (2 ) R.C.P. d05 Ie) (1) (2). by mailing a true and in the following manner. ( ) (a) To the defendant by ( ) registered ( ) certified mail. return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant. but with a notation by the Postal Authorities that defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of :his return. And thereafter: ( ) (b) To the defendant by ordinary mall l'Idd;essed to defernlant at same address with the return address of the Shenff ap".arj~9 thereon. on the I further certify that after fifteen (1S ) days from the mailing date, I have not received said envelope back from the Postal Jl>.uthonties. A certificate of mai~ng is hereto attacherl as a proof of mailing. () (3) By publication in a daily publication of general circulation in the County of Blair Commonwealth of Pennsylvania, time (s) With publication appearing The affidavit from said publication is hereto attached. mail. return receipt requested. postage prepaid. on the returnP'(j by the Postal In The Court of Common Pleas of Cumberland County, Pennsylvania Cecilia Damich VS. Hoss's Steak & Sea House Inc et al SERVE: Hoss's Steak and Sea House No. 05-2272 civil Now, May 4, 2005 , 1, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r2L'.. .,//# -r r"'.z:;;-:o~ 4"~.R Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before methis_dayof ,20_ County. PA COSTS SERVICE :MILEAGE AFFIDAVIT $ $ DA TE RECEIVED SHERI~~'!N~~~~,~TMENT ~"~'~ COURTHOUSE. HOt LIDAYSBURG, PA 166410 ~\ .. . P:OCES~~EC:'~~~:~ ~~~~i~IT OF RETURN T~~:~:~~~:~::~"",, ,.adab,"'Y af all cop~.,-c;r~1 00 nol delach any c')pies 8CSO ENV.II 2 COURTO"~ ~ dd- -7 ~ --- ( Q! 4. m(!'O~ ;/'tol.;J ~ NAMNo3Us' r:sPANY CO R T10"d}( Sa'c;ClESC"::~r :L~RTY TO A)d~ ATTACHED OR SOLD · ADDRE? ]"00< RFDytjJQ"A B23::i~ ,nK;:} -05.~0(]JJ~~.~~~..-_.- 7. INDICATE UNUSUAL SERVICE" fLJPrnSONAL ~ON IN C~~~OOE~UTJ:.~__ (J~EAT_~~I_~CJRE~~:_T~_~~~~~":I_~ OPOSTEO~--.tJ~T~EA_~--------- _, I, SHERIFF OF BLAIR ,COUNTY, PA., do hereby deputize the Sheriff of County to execute thIs Writ and make return thereof accordmg to law. This deputation being made at the request and risk of the plaintiff. _. _ .._.._ ____ _..____ ____________~__. _~_~ ___ ______"._-itjiTRlFf- -OF--Bi-AIR-COUNfY- 3 NOW. 8 :',PE'CIAlINSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSISl" IN El<PEOI1ING SERVICE NOTE ONLY ,\PPUCABLE ON WRIT OF EXECUTION N,S WAIVER OF WATCHMAN - Any deputy sheriff levying upon or altachinq any proper1y under wHhm writ r;lCl.y leiwe ~ilmc '....,thOllt a walchnlan, m custody of whomevef is found m posseSSion, atlt'f nolilyinq person 01 levy or atlachment. wilhout Iiahillty on the part 01 such deputy 01 lne S'lNlff to any clalnlift herein lor any loss. destruction Of rcmov<ll of any such property before shenfls' sale n,ereof OJ:.~~r(i ~(J1G~~~~~gtfjo~;~~C;. ~0;:::NT]'O.TELEPH6NE NUMACRn ."~ATE ~~~~-~. SPACE BELOW FOR USE OF SHERIFF ONLY - 00 NOT WRITE BELOW THIS LINE ; ~:;'::~:~~i:,'?;;:,~~ ;;::;~.r. =:Jl~6U";j:'~O~D;tfZ,'''f:!J-;'''u -, ':5'1218 s. ~.r-,~~~tQ"J~ IS I'w.-rty CERTIFY an':J RETURN 111e111 [Jh,lYe personally servfld, .J<"hiwe served {lerSOn In ,-hel'qe, LI hi1v~ 'eu,,! "vld('I"; ~ of sn'''",,-i' JS 'k'w'l '" "'Rumalks" {on reversel [ :.,;t\"(' ('05l<>('[ ,tle ilbov",- ['\escntJ-e['\ "roO",'I'1 wilh lhe wrll or complaln1 described on the onUIVlriUdi, compdny, ,,:oqm,al:,Jll 81, at l~p .Hid",,;' ~~"'l'1"r. <It)Ove or on 1he ,nd,vldual CO,",~f);]ny_ c('ronrallor elC allhe address Insf'iled below by nand ng/or Posting a TRUE and ATTESTED COpy IhplP,l( 15 CJ! t>~P'!by r;erllfy ~nd ~o::w:n a NOT FOUND b"'cause I am unable to lOCale the Ir(1.vidlJal company. corp()r~l'On, etc., flilrr"d JI_.'1""" I;:;",,, '''m,lf~, bt'low) 17 N :;-me and llt-;;;;- ~"',v,dlJi'1 served ~ ~~ - - - -- T 1 'l A pe',on of S"II lble- a.]e' ~d~SCH"\\O~ -j R~ad Order .1 1 L / "j ~ /.. J ,j 'I Nl re~. fl~'1 n 10-," d.-.fpndanl S usual place _.______ ---'Y....I4"-'i!.'1 _110/!ld.V __ll'Pl11.lill/};"K,lj1Vl' ',',-,,, r::. ____ [J . _ f9 Address ol...h..re serv"c1lcompl<>le only If e.l/erent 'hal'1 sho....n above) (Slreol 01 RF'O Ap<lrlm(>rt NQ Clly 80'0 Two ~'5)' 15 Dale 01 Serv'ce 21 T,me ~~leandZIPCcd~ I I '70 /1r! U;-'~L t<.o D<4~ M"'~0 ~!1j""f~<'.'5- 1/ \ OC' -4 ,~ ,,,,., D.p :J.:J M"" l:P In' I :"_ LM"~J D.p :I 0,.. 1 M,., .ID'p In'.LD'" Mil., I D.p In. 125 r 1:otaleo,,, .n_J2~C:STDUEO~:F:._ 22 A nEMPTS Oal(> 23 A(~';ance CO$!~ !2.:l I ! 30, REMARKS ---A~:'RMED~O:'''h'''b~~b'',,~om:'.. -/"6- fL__ r .. SO A"~WER ___ 18Y \Sh~nHlOep. Stlenll} (Please Print or Type) tJ3, j(l/).~ C;(.. re 01 S ( ~9 -0<';- I D<lte Date S ERin Of m Am COUNTY I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNA TURE OF AUfHOR:ZED ISSUING AUTHOqlTY AND TITLE .I'._._.~--_.~----- 39. Dale AeCl.~I~ed SHERIFF'S RETURN OF SERVICE () (1) The within upon defendant by mailing to by prepaid a true and attested copy thereof at , the withIn named mail, return receipt requested, postage on the ( ) The return receipt Signed by defendant on the made part of this return. Outside the Commonwealth, pursuant to Pa. attested copy thereof at is hereto attached anri (2) R.C.P. 405 (c) (1) (2). by mailing a true and in the following manner. ( ) (a) To the defendant by ( ) registered ( certified mail. return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant. but with a notation by the Postal Authorities that defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail ~ddressed to defendant at same address. with the return address of the Shetlff app..rin9 'lhl!!reon. on the I further certify that after fifteen (15 ) days from the mailing date, I have not received said envelope back from the Postal ,A.uthonties A certificate of mai~ng IS hereto attached as a proof of mailing. () (3) By publication in a daily publication of general circulation In the County of Blair Commonwealth of Pennsylvania. __~_____________ "me (5) With publication appearing The affidavit from said publication is hereto attached. (I (4) By mailing to by ______ mail. return receipt requested postage prepaid. on the a true and attested copy thereof at returnp.d by the Postal I ) The Authorities marked is hereto attached. Other (5 ) In The Court of Common Pleas of Cumberland County, Pennsylvania Cecilia Damich YS. Hoss's steak & Sea House Inc et al SERVE: Willard E. Campbell No. 05-2272 civil Now, May 4, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. W,,<?" ,.."--;,; ~. . /~~':~.. . .... -."''''~'' ," ^ -y~ "~~.._..-..:-.~,, ~,.<>'.' ,~{,,~R ...-/ ~. ,~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ BLAIR COUNTY PENNSYlVANIA COURTHOUSE, HOll IDI\YSBURG, PA. 1664~ DA TE PROCESSED y~'\ OA TE RECEIVED SHERIFF'S DEPARTMENT SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN r~-I~~~;~Z;I~NS -T' Print legibly, InSUfli1<j readability ,If aU COPle{.Q Do nol detach any cOpies BCSD ENV.,. ~ 3 7~1- NOW, A DErrTlON OF PROPERTY TO BE LEVIED. ATTACHED OR SOLD. /'p U)~ (l a I'\~ J-;T~- - - -------- --- -- DD~UTllE OCEA~l []AEGI;-TERED ~~~DpOSTEO=-J'JOTHEA ~~-- BLAIR ,COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof accordmg This deputation being made at the request and risk of the plaintiff. HOUR' NUMB()j -C)() 7~ 4 TYPE OFWRITC)R COMPlAiNT-'~-~-- 5 NAME OF w~~ltr(li~AArr 6 ADDAESS7~t VFD. APep(GLCzBCtTWP. ~:~.?ICAT~U~LJSUAL SERVICE ~6NAl ~ON IN CHARGE _, I, SHERIFf' OF to law. ____~._________,~~~=_==-~=-iHfRIFL~:_~CMRCOU~TY .=-~.__ B SPECIAL INST'rtUC"'fION$ OR OlHER INFORMATION THAT WILL ASSIST IN EXPEDlTrNG SERVICE NOTE ONLY ,\PPUCA8LE ON WRIT OF EXECUTION N.S, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or ~llaching any pmp'2rty under wilhin wril r,l~y \eiwe O:;;lITlC ....'Iholll a watchman. in custody 01 whomever is found In possession. altr>1 notifying person of levy or attachmenl, without liahillty on the pari 01 Sllctl deouty 01 tne s'lNif! to any ol;:lIntlff herein for any loss. destruction or removal of a~y such property before SrH~{(f1s' sale troereal. (!:;~T;trci;::a'G'NA'''''";'''O~~'' ~~ b"-""- C]PlAl:FIC-:-'-iElEPHONE NiJ-'^RCii--- I" DATE- -------.--.- _______ \Q u __ _q~F~!~~~.~J~__ 1 __ ___ _ SPACE BELOW FOR USE F SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE ,?o.'~~:;~~'::~~~:~:,;';:~o:;,{ ,-D ):r~ '~AC;PCSD . P~>.Ef'.d ",,;-_n sZi78S- T~~tr?3~~~ 15 \ '1l>lrty CERTIFY and RETURN 1h<'ll I 0 have personally Servf>d.~hdve wrve,i ::1<,,,;or: In ChClf'W LJ have 1,"1;-\1 '>V;,'i',' f' ,:;' ,'" ,,", oJ"w.", ,,, '"RemaTl<.s'" Ion reverse) Ljnill'E' f'Osr<>n :~e above described prOo<!rly wi1h the writ or complaln1 de5crlbmj on Ihe jl1dr'IIdu;jl, cornrany, COTporall()fl. PI' ell !h" 1<1(1 '''i' '11nwn ,1bov~ or on the 'ndi"ducll cor:-,o;\f1y. C{'Tonr;l110r ('1~ at Ihe addreSS rnSf'<1ed below by han(ll~g!or POSling J TRUE <Ind ATTESTED COpy rherf'()! 15 [J! he":!by certify ilnd :~I~:n a NO~UN~ o"cause I am unable 10 1~~~~~_or:~':'_'du~:....:~mpil__~~:_:~~~~_f_~l.IO~~~_C.~:~r~~(~_'\)()"i:' i~:)i"~ 'l'rTWl<.:. t),>luw) 17N;-me <cd "",,'"""d""N~ec /V Iftilc (--{ 0 fl1/+ AL' It ])111 :V51i<.+ L,; At; ~~~:~:r:.;c::~t:f'~:,:~:~~ ~;:~;;::~; 1 ~ad aIde; -19-MG~e-;<; cl Wh~H! ;er...."rj jCOmD\""t~' only ,I d,lIerenr !han. slwn ;bc;~J (Street or RFO, APil;;-m"r.t-.N~~-C~1y~-B{;~~~T~,;~ - - 1:'0-- 6:;;- ~f s-,;~i~; 21":' Time ~ - - - H State and ZIP Code) /70 /?Jk/n,)'4j ;2(), 9UJl)~'+r\.15UI1/", IJ[ )-: f-o~ 0", I~ 'OLJ 0", ! Mil" I D,p '"'~l O-';"-;--l--Miles T O;-p _-.-LT, - .. .JTiToI~':;;,____lnn //; OC)/}r'----- ''''L::.MII'' -I=-O'p '0' l:_~OS' O~E OR R:UNO_=__ '.4i1es I Dep. lilt. I , . I _~___._. ---'--____~----------L-___._------L-._ 23 A(~':ance COS!':. i 2.1 125 . , 22 ATTEMPTS Dille 30. REMARKS ---~- - -- - / /I ,j / -I so ANSWER ,AFFIAMEDa"(jrutl<;crb",,-jlabeforp me 'hiS ~-LZ1~ ~~~~-_._' ~oS ! By (:'i~T1,:~ :ritf~a2.~rinl or Type) 'w._. Signature r"l --- -+- I Dol' 5-<J -q~ ----:..oal-;' ._,. ---'- J ,..'O! 'daysburg 3' ~a1flCounty MY CO"~M\SSiOt~"U~\:;'_d{i.~SIC!" Exp::es Apr. 3, 2007 ----'-.;-CKNO;WLE6G{"RECki~f.' Br'f~%~W~S R~ Of AlJTHOR',ZED ISSUING AVTt--\OqITY AND 'TlTlE SIGNA TURE - --r 39-' O;JI;"Recer"~-;;--'~---=--- SHERIFF'S RETURN OF ..RVICE ( ) (1 ) The within upon defendant by mailing to _ by prepaid a true and attested copy thereof at__.____ _____________________, the within named mail, retum receipt requested, postage on the ( ) The return receipt signed by defendant on the made part ot this return. Outside the Commonwealth, pursuant to Pa. attested copy thereof at is hereto attached ami (2) R.C.P. d05 (e) (1) (2). by mailing a true and in the following manner. ( ) (a) To the defendant by ( ) registered ) certified mail. return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant. but with a notation by the Postal Authorities that defendant refused to accept the samE!. The returned receipt and envelope is attached hereto and made part of :his return. And thereafter: ( ) (b) To the defendant by ordinary mail I'lddressed to defendant at same address. with ttIl! return address of the Shehff app-arin9'thereon. on the I further certify that after fifteen (1S ) days from the mailing date, I have not received said envelope back from the Postal .Authonties. A certificate of mai~ng is hereto attached as a proof of mailing. () (3) By publication in a daily publication of general circulation in the County of Blair Commonwealth of Pennsylvania, ____~_ ________. "me (5) With plJhll~ahon appearing The affidavit from said publication is hereto attached. ( ) (4) By mailing to by ________... mail. return receipt requested postage prepaid. on the a true and attested copy thereof at returned by the Postal ( ) The Authorities marked IS hereto attached. Other (5 ) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAMICH CECILIA VS HOSS'S STEAK & SEA HOUSE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOSS'S STEAK AND SEA HOUSE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th, 2005 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge Dep Blair County Postage 18.00 9.00 10.00 52.00 1.11 90.11 05/17/2005 BASSI MCCUNE So answer.s.'." . .., . ..... C. .'-~/4"':.>..- "c';>' ~./ ... L---"~---- R. Thomas Kline Sheriff of Cumberland County VREELAND Sworn and subscribed to before me this d'le day of J'fl"'; .2.Vb"; A.D. \ I L>4" C. ~ ,OJ.T7 /' I Prothonotary' --r . Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney J.D. No. 43530 Derek D. Bahl, Esquire E-mail: dbahl@tthlaw.com Attorney J.D. No. 87851 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717)237-7100 FAX (717)237-7105 Attorneys for Defendants: HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERA nONS, INC; HOSS'S STEAK AND SEA HOUSE LIMITED PARTNERSHIP; and WILLARD E. CAMPBELL, General Partner CECILIA DAMICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -- LAW NO. 05-2272 CIVIL TERM HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; and WILLARD E. CAMPBELL, General Partner, Defendants JURY TRIAL DEMANDED TO: Plaintiff, c/o Bradley M. Bassi, Esquire BASSI, McCUNE & VREELAND, P.c. Post Office Box 144 Charleroi, Pennsylvania 15022 NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof, or the relief requested may be entered against you. Date: <0 (~ (O~ Stephen E. Geduldig. Esquire E-mail: sgeduldig@tthlaw.com Attorney J.D. No. 43530 Derek D. Bahl, Esquire E-mail: dbahl@tthlaw.com Attorney J.D. No. 87851 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717)237-7100 FAX (717)237-7105 Attorneys for Defendants: HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERA nONS, INC; HOSS'S STEAK AND SEA HOUSE LIMITED PARTNERSHIP; and WILLARD E. CAMPBELL, General Partner CECILIA DAMICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -- LAW NO. 05-2272 CIVIL TERM HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; and WILLARD E. CAMPBELL, General Partner, Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendants Hoss's Steak & Sea House, Inc., Hoss's Restaurant Operations, Inc., Hoss's Steak and Sea House Limited Partnership and Willard E. Campbell, General Partner ("Defendants"), by and through their undersigned counsel, hereby respond to Plaintiffs Complaint as follows: I. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 1, and therefore deny said allegations and demand strict proof thereof at trial. 2. Admitted with the clarification that the Defendant referenced in Paragraph 2 is properly referred to as Hoss's Steak & Sea House, Inc. 3. Admitted with the clarification that the proper address for Hoss's Restaurant Operations, Inc. is 170 Patchway Road, Duncansville, Pennsylvania, 16635. 4. Specifically denied. By way of further response, Defendants state that no such corporate entity exists. 5. Admitted in part and denied in part. Defendants admit only that Hoss's Restaurant Operations, Inc. owned, maintained, controlled and operated the Hoss's Steak & Sea House restaurant, located at 1151 Harrisburg Pike, Carlisle, Pennsylvania, 17103, which is the subject of this lawsuit. Defendants specifically deny that Hoss's Steak & Sea House, Inc., Hoss's Steak and Sea House Limited Partnership or Willard E. Campbell owned, maintained, controlled and operated the subject Hoss's Steak & Sea House Restaurant. 6-7. Defendants deny the allegations contained in Paragraphs 6 and 7 as conclusions of law requiring no response under the Pennsylvania Rules of Civil Procedure and/or pursuant to Pa.R.c.P. I 029( e), and demand strict proof of said allegations at trial. 8. Admitted in part and denied in part. Defendants admit only that the individual referred to in Paragraph 8 (whom Defendants believe to be Josette Fought) was an employee, agent and/or servant ofHoss's Restaurant Operations, Inc., acting within the course and scope of her authority, such that all allegations as to the responsibility and fault of said individual (which allegations are denied) are understood 2 as applying to Defendants under the doctrine of Respondeat Superior. Defendants specifically deny that the individual referred to in Paragraph 8 (whom Defendants believe to be Josette Fought) was an employee, agent and/or servant ofHoss's Steak & Sea House, Inc., Hoss's Steak and Sea House, Limited Partnership and/or Willard E. Campbell, and further specifically deny that all allegations as to the responsibility and fault of said individual (which allegations are denied) are understood as applying to them. 9-13. Defendants deny the allegations contained in Paragraphs 9,10 (a-j), 11 (a- j), 11 [sic], 12 and 13 as conclusions oflaw requiring no response under the Pennsylvania Rules of Civil Procedure and/or pursuant to Pa.R.c.P. 1029(e), and demand strict proof of said allegations at trial. WHEREFORE, Defendants demand judgment in their favor, and against Plaintiff, together with costs of suit. NEW MATTER 14. Defendants incorporate by reference Paragraphs 1 through 13 above of their Answer to Plaintiff's Complaint. 15. As discovery may support, Defendants provisionally plead the defenses of accord and satisfaction, arbitration and award, release, waiver, estoppel, credit and offset. 16. Pennsylvania Rule of Civil Procedure 238 is unconstitutional under the Pennsylvania and/or United States Constitutions. 17. If there is ajudicial determination that Rule 238 is unconstitutional, then any liability for interest imposed by said rule should be suspended during all periods of time that Plaintiff: 3 a. Failed to convey a reasonable settlement offer; b. Delayed in responding to interrogatories and requests for production of documents; c. Delayed in producing witnesses for a deposition; d. Otherwise delayed in responding to discovery requests; and e. Otherwise caused delays in this litigation. 18. If there is a judicial determination that Rule 238 is constitutional, then any liability for interest imposed by said rule should be suspended during the period of time that there was a delay occasioned by the Court in: a. Disposing of Pre-Trial Motions or Petitions; or b. Otherwise promptly scheduling the arbitration or trial in this matter. 19. Plaintiff has failed to set forth a cause of action upon which relief can be granted with regard to some or all of her claims. 20. To the extent applicable, or to the extent that it may later become applicable, Defendants plead that statute oflimitations to personal injury actions to preserve this affirmative defense for the record. 21. Plaintiffs injuries, if any, were not caused by the negligence of Defendants, but rather were caused by or contributed to by Plaintiffs own comparative negligence. 22. Defendants alleged actions or omissions were not a substantial factor in causing, nor a legal cause of, Plaintiffs alleged injuries. 23. Whatever injuries and damages, if any, sustained by Plaintiff, as alleged in Plaintiffs Complaint, were caused in whole or in part by persons or entities that 4 Defendants had no duty to supervise or control and, therefore, Defendants are not liable and Plaintiff may not recover against them. 24. Whatever injuries and damages, if any, sustained by Plaintiff as averred in Plaintiffs Complaint, were not caused by the conduct or negligence of Defendants, but were caused in whole or in part, or were contributed to, by pre-existing medical conditions of Plaintiff beyond the control of Defendants and, therefore, Plaintiff may not recover against Defendants. 25. In the event that it is determined that Defendants were negligent with regard to any of the allegations contained in, and with respect to, Plaintiffs Complaint (said allegations being specifically denied), said negligence was superseded by the intervening negligent acts of other persons, parties or organizations other than Defendants, and over whom Defendants had no control, right or responsibility and, therefore, Defendants are not liable. 26. To the extent that the evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the pre-existing injuries of Plaintiff, then the conduct of Defendants was not the legal cause of such conditions or injuries. 27. Based upon the allegations set forth above, and to the extent that discovery of the evidence educed at trial may further establish the existence thereof, Plaintiff assumed the risk of the outcome of this case and Defendants therefore assert the defense of assumption of the risk. 5 28. Based upon the allegations set forth above, and to the extent that discovery of the evidence educed at trial my further establish the existence thereof, Plaintiff was negligent and/or caused or contributed to the outcome in this case, and Defendants therefore assert the defenses of contributory negligence and comparative negligence. 29. Defendants exercised ordinary care under the circumstances. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff, together with costs of suit. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: <C (~ (6,.- by srep~t.~1t? E!~ Derek D. Bahl, Esquire 6 - VERIFICATION I, Shelby Walter, hereby verify that the averments made in the foregoing Answer and New Matter to Plaintiffs Complaint are true and correct to my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A, 4904 relating to unsworn falsification to authorities. Date 9it~llh~ Shelby Walter - , . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and New Matter was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~...J day of June, 2005, on all counsel of record as follows: Bradley M. Bassi, Esquire BASSI, McCUNE & VREELAND, P.c. Post Office Box 144 Charleroi, P A 15022 THOMAS, THOMAS & HAFER, LLP ~~G~ Derek D. Bahl, Esquire ~?~; ;.~ ('-~,-: 6}';i~,: ~~~ ".....\. "'-"'(--' :P-c --;T =<! 'C,\~ 0" Q ~; ...., "'" = <.TO (... c:: :z , 0"' ~ ~-n rt1- hi =39 '.:.~~? ::;: -;~ qc') -'rn o ..-! 5:i --< .." :x <-? o CT'o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; WILLARD E. CAMPBELL, General Partner, Defendants. CIVIL DIVISION - LAW No. 05-2272 REPLY TO NEW MATTER Filed on Behalf of Cecilia Damich, Plaintiff Counsel of Record for this Party: Bradley M. Bassi, Esquire Pa. I.D. 28843 BASSI, McCUNE & VREELAND, P.C. Attorneys at Law Firm No. 335 P.O. Box 144 111 Fallowfield Avenue Charleroi, PA 15022 (724) 483-5502 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- No. 05-2272 HOSS'S STEAK & SEA HOUSE INCj HOSS'S RESTAURANT OPERATIONS, INCj HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP, WILLARD E. CAMPBELL, GENERAL PARTNER, Defendants. REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Cecilia Damich, by and through her counsel, Bradley M. Bassi, Esquire of the law firm of Bassi, McCune & Vreeland, P.C. who sets forth the following Reply to New Matter as follows: 14. No response is required. To the extent a response may be required, Plaintiff incorporates paragraphs 1 through 13 of the Complaint 15. Paragraph 15 of Defendants' New Matter constitutes a conclusion of law to which no response is required. However, to the extent a response may be required, Plaintiff specifically denies that the defenses of accord and satisfaction, arbitration and award, release, walver, estoppel, credit and offset apply to the case herein. 16. Denied. Paragraph 16 of Defendants' New Matter is a conclusion of law to which no response is required. 17. Denied. Paragraph 17 of Defendants' New Matter is a conclusion of law to which no response is required. 18. Denied. Paragraph 18 of Defendants' New Matter is a conclusion of law to which no response is required. 19. Denied. Paragraph 19 of Defendants' New Matter lS a conclusion of law to which no response is required. 20. Denied. Paragraph 20 of Defendants' New Matter is a conclusion of law to which no response is required. 21. Denied. Paragraph 21 of Defendants' New Matter is a conclusion of law to which no response is required. 22. Denied. Paragraph 22 of Defendants' New Matter is a conclusion of law to which no response is required. 23. Denied. Paragraph 23 of Defendants' New Matter is a conclusion of law to which no response is required. 24. Denied. Paragraph 24 of Defendants' New Matter 1S a conclusion of law to which no response is required. 25. Denied. Paragraph 25 of Defendants' New Matter is a conclusion of law to which no response is required. 26. Denied. Paragraph 26 of Defendants' New Matter 1S a conclusion of law to which no response is required. 27. Denied. Paragraph 27 of Defendants' New Matter is a conclusion of law to which no response is required. 28. Denied. Paragraph 28 of Defendants' New Matter is a conclusion of law to which no response is required. 29. Denied. Paragraph 29 of Defendants' New Matter is a conclusion of law to which no response is required. WHEREFORE, Plaintiff, Cecilia Damich, respectfully requests this Honorable Court to enter judgment in her favor and against the Defendants together with costs. JURY TRIAL DEMANDED RESPECTFULLY SUBMITTED, 'I / BASSI, 'MCC~ & P.C. M. Bassi for Plaintiff, Damich CERTIFICATE OF SERVICE I, Bradley M. Bassi, Esquire, counsel for the Plaintiff, Cecilia Damich, hereby certify that a true and correct copy of the foregoing Reply to New Matter was forwarded to the following counsel of record, by first class mail, postage prepaid on the g+1/j day of June, 2005: Stephen E. Geduldig, Esquire Derek D. Bahl, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 ~ I { VREELAND, P.C. ~ dIet M. Bassi Attorney for Plaintiff Cecilia Damich t-..;l c::::> c.-j c.n f==: _,L, o -n ----l :r: nl:D r- -0 tTi :UCJ ,_~) (.l -j --) =~: :ri r ... 'I i~~~ ~.: .0 -< w """:' w o (J1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- HOSS'S STEAK & SEA HOUSE, INC.; BOSS'S RESTAURANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; WILLARD E. CAMPBELL, General Partner, Defendants. CIVIL DIVISION - LAW No. 05-2272 NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO DEFENDANT Filed on Behalf of Cecilia Damich, Plaintiff Counsel of Record for this Party: Bradley M. Bassi, Esquire Pa. I.D. 28843 BASSI, McCUNE & VREELAND, P.C. Attorneys at Law Firm No. 335 P.O. Box 144 111 Fallowfield Avenue Charleroi, PA 15022 (724) 483-5502 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- No. 05.2272 HOSS'S STEAK & SEA HOUSE INC; HOSS'S RESTAURANT OPERATIONS, INC; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP, WILLARD E. CAMPBELL, GENERAL PARTNER, Defendants. NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO DEFENDANT I hereby certify that Plaintiff's Interrogatories Directed to Defendant was served on record by first class mail, on this the fo1lowing counsel of I (jJt 1\ "day of December, , 2005. Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 P.C. By: radley M. Bassi Counsel for Plaintiff, Cecilia Damich 0 .-...> 0 (;:::;;} c-: C~;::J -1'1 < ~~ c::1 .-< ::c j","t 1-1,:0 " ,- ~." -fJrn '? c::J ,'j(-) ,.," " V ;:i; " -- '....' ('5 C"' :::::..;.cn ~. 1':> ,,) ---I ~:~ 2,> .n -, -.J --< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- HOSS'S STEAK & SEA HOUSE, INC.; HOSS'S RESTAURANT OPERATIONS, INC.; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP; WILLARD E. CAMPBELL, General Partner, Defendants. CIVIL DIVISION - LAW No. 05-2272 PRAECIPE TO SETTLE AND DISCONTINUE Filed on Behalf of Cecilia Damich, Plaintiff Counsel of Record for this Party: Bradley M. Bassi, Esquire Pa. 1.0. 28843 BASSI, McCUNE & VREELAND, P.C. Attorneys at Law Firm No. 335 P.O. Box 144 111 Fallowfield Avenue Charleroi, PA 15022 (724) 483-5502 JURY TRIAL DEMANDED ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CECILIA DAMICH, Plaintiff, -vs- No. 05-2272 HOSS'S STEAK & SEA HOUSE INC; HOSS'S RESTAURANT OPERATIONS, INC; HOSS'S STEAK AND SEA HOUSE, LIMITED PARTNERSHIP, WILLARD E. CAMPBELL, GENERAL PARTNER, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly settle and discontinue the docket at the above captioned number and term. RESPE,TFULLY SUBMITTED, BASSi, MCC~-:; & ELAND, 1 C' / L P.C. I By: . M. Bassi for Plaintiff (") ro.) fy1 ~ c <<=:) s:: c:r- -om 0 ~:D tTlrn ("") -". ~"'l'~ -i .0;..._ .-'...... -oFn zc ~::. ex> :06 (',) ~C' ,~..,.. ~t> C' " ;:. " ze ::r ~.)o s=;f:' 3m ~ -I N ?i5 0 -<