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HomeMy WebLinkAbout01-3495 j . FAITH NANCE, Plaintiff #14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTINE LEGO and ABC LANES, INC., Defendant NO. 01-3495 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 19th day of June, 2002, before Edgar B. Bayley, Judge, present for the plaintiff was R. Mark Thomas, Esquire, for Defendant Christine Lego, William A. Addams, Esquire, and for Defendant ABC Lanes, Stephen E. Geduldig, Esquire. This case arises out of an alleged assault of plaintiff by Defendant Christine Lego at the bowling alleys of Defendant ABC Lanes on January 24, 2000. Plaintiff seeks general damages, past and future, claiming that she suffered injuries with additional complications as a result of a broken nose. The claim against ABC Lanes is premised upon an allegation that employees of ABC encouraged Lego to assault plaintiff. No demand for a jury trial was ever made. When ABC Lanes listed the case for trial on April 30, 2002, the praecipe sought a trial by jury. All counsel shall forthwith provide a succinct memorandum to this Judge in chambers on whether discretion should be exercised in now allowing ABC Lanes to litigate this case with a jury. The case is continued generally. By Edgar B. Bayley, J. .'. . R. Mark Thomas, Esquire For Plaintiff William A. Addams, Esquire For Defendant Lego Stephen E. Geduldig, Esquire For Defendant ABC Lanes prs 0 (::~; (-} ~.; r*''':; f-: .-; \;.: d~i [ , ,--. - --.., ~:_- ~) \ D r:= ~-~ -]..~,. , -.i.: J> " :+:} , ,_u ._.;..;.,. . ~ '1 .:..:.J_ --; ....., (~ . "'. ........--..---'- v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA ; No.()I- 3'-6'5" CIVIL FAITH NANCE, Plaintiff CHRISTINE LEGO and ABC LANES, INC., 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 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 01- 3'i ().j CIVIL FAITH NANCE, Plaintiff CHRISTINE LEGO and ABC LANES, INC., Defendants COMPLAINT 1. Plaintiff Faith Nance is an adult individual who currently resides at 2109 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Christine Lego is an adult individual who currently resides at 52- HErford Road, Camp Hill, Cumberland County, Pennsylvania 170 II. 3. Defendant ABC Lanes, Inc. is a corporation organized and existing under the laws of Pennsylvania with its principal place of business located at 1001 Eisenhower Boulevard, Harrisburg, Dauphin County, Pennsylvania 17111. 4. Defendant ABC Lanes, Inc. owns and operates a bowling alley known as ABC West Bowling located at 6454 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On or about January 24, 2000, at approximately 3:00 o'clock p.m., the plaintiff was a business invitee at ABC West Bowling Lanes in Mechanicsburg, Pennsylvania. 6. While plaintiff was inside ABC West Bowling Lanes as a business invitee she was approached by defendant Christine Lego, a patron of ABC West Bowling Lanes, who suddenly and without warning struck plaintiff in the face with a closed fist. 7. Plaintiff suffered injuries as a result of being struck III the face by defendant Christine Lego' s fist. COUNT I FAITH NANCE V. CHRISTINE LEGO 8. Paragraphs I through 7 are incorporated herein as if set forth at length. 9. On January 24, 2000 at approximately 3:00 o'clock p.m. defendant Christine Lego intentionally struck plaintiff in the face with her closed fist with the intent to cause harm to plaintiff. 10. The intentional striking of the plaintiff in the face by defendant Christine Lego did cause harm to plaintiff as follows: a. plaintiff suffered immediate pain and contusions to her face; b. plaintiff suffered a nasal septal fracture causing deviation to the left side of her nose; c. plaintiff has ongoing difficulty breathing through her nose as a result of her inj uries; and d. plaintiff s nose is disfigured. 11. As a further direct and proximate result of defendant Christine Lego' s intentional act as described in the foregoing paragraphs of this Complaint, plaintiff has in the past been, and will in the future continue to be, obliged to expend various sums of money for the medical care and treatment of herself, all to her great detriment and loss. 12. As a further direct and proximate result of defendant Christine Lego's intentional act as described in the foregoing paragraphs of this Complaint, plaintiff has suffered in the past and will continue to suffer in the future, aches, pains, suffering, mental anguish and humiliation. WHEREFORE, plaintiff Faith Nance claims of defendant Christine Lego, a sum in excess of the Cumberland County jurisdictional amount requiring arbitration referral with lawful interest thereon, costs of suit and brings this action to recover same. COUNT 11 FAITH NANCE V. ABC LANES. INC. 13. Paragraphs 1 through 12 are incorporated herein as if set forth at length. 14. At all times relevant hereto, the defendant ABC Lanes, Inc. was in control, posseSSIOn and/or was the owner of the premises located at 6454 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 15. It was the duty of the defendant ABC Lanes, Inc. to keep and maintain the premises in a reasonably safe condition for its lawful business invitees. 16. At all times relevant hereto, the defendant ABC Lanes, Inc. knew or should have known that defendant Christine Lego posed a physical threat to plaintiff on defendant ABC Lanes, Inc.'s premises. 17. On or about January 24, 2000 at approximately 3:00 o'clock p.m. plaintiff was on defendant ABC Lanes, Inc.' s premises as a business invitee. Defendant ABC Lanes, Inc. held its place of business open to the public and in particular plaintiff who was a patron and lawful business invitee of defendant. 18. At approximately 3 :00 0' clock p.m. plaintiff was playing a video game which defendant ABC Lanes, Inc. had installed in its establishment for the benefit and pleasure of business invitees. 19. While playing the video game plaintiff was approached by defendant Christine Lego and was suddenly, violently and intentionally struck in the face by Christine Lego. 20. Plaintiff suffered serious injuries as a result of being struck in the face by defendant Christine Lego. 21. Plaintiff s injuries were a direct and proximate result of the carelessness and negligence of defendant ABC Lanes, Inc., its agents, servants, employees and workers as follows: a. Defendant ABC Lanes, Inc. had prior knowledge from defendant Christine Lego that Christine Lego intended to punch plaintiff Faith Nance, yet failed to keep Faith Nance safe while she was on its premises as a business invitee; b. Defendant ABC Lanes, Inc. had an opportunity to forewarn Faith Nance that defendant Christine Lego was going to assault her, or in the alternative had the ability to prevent defendant Christine Lego from committing the assault but failed to take such action; c. Defendant ABC Lanes, Inc., its agents, servant, employees and workers, encouraged defendant Christine Lego to follow through on her verbal threats to hit plaintiff Faith Nance; d. Defendant ABC Lanes, Inc. failed to monitor the lobby areas of its business establishment properly to ensure proper protection of lawful patrons and business invitees such as Faith Nance; and e. such other negligence as may be revealed through discovery. 22. Defendant ABC Lanes, Inc. was at all times relevant hereto in exclusive possession and control of the lobby area where the video games were maintained and by its failure to exercise reasonable care to protect plaintiff from the acts of third persons and Christine Lego in particular, on its premises is responsible for plaintiffs injuries. 23. The incident was caused solely by the carelessness, negligence and/or recklessness of defendant ABC Lanes, Inc. and was in no manner or part whatsoever due to any failure or failure to act on the part of plaintiff who had no notice or knowledge of the danger posed by defendant Christine Lego on the premises. 24. As a result of defendant ABC Lanes, Inc.'s negligence plaintiff has suffered injuries to her face in the form of: bleeding and contusions; a deviated septum which will require surgery to repair; disfiguremnt, aches, pains and humiliation as well as emotional trauma. 25. As a result of this incident plaintiff has been obliged and will still be obliged to receive and undergo medical attention and care and to expend various sums of money or to incur various expenses for an indefinite period of time in the future. 26. As a further result of this incident plaintiff has suffered injuries which may be in full or in part permanent, irreparable and severe. , . WHEREFORE, plaintiff Faith Nance demands judgment against defendant ABC Lanes, Inc. in an amount in excess of the Cumberland County jurisdictional amount requiring arbitration referral with lawful interest thereon, costs of suit and brings this action to recover same. Respectfully submitted, K};U/?~ R. Mark Thomas, Esquire 10# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 , , . VERIFICATION I verify that t~e statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 5 ~3D -0) +o:d:l Ai MU2--- ~~ 'v=:-~ ~ ~ w \j.l ~ 'l\ -------------- ..c\ .J::: V1 ~ 9- ~ Od VOl G -0 v'\ ~ ~ ~ Il- l' F < ~ C> S (; (') C z "Vc':'i fTlfT' ~~~~ ~,-..i -z; .--- <-,1' t. ) cO .v c:: :z :<! o , ~- \J\ :::-:-;;: ..- I 0\ -'~ .....;.-- r:-? r:- ....J , J :';'~ 5:'1 -< -------------------- FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3495 CIVIL TERM CHRISTINE LEGO and ABC LANES, INe., Defendant ANSWER AND NOW, comes the Defendant, Christine Lego, by her attorney, William A. Addams ofthe Law Office of Michael J. Hanft, and files the following answer to the Plaintiff's complaint: : 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. The Defendant admits striking the Plaintiff. The remaining allegations are denied in accordance with Pa. R.C.P. 1029(e). 7. After reasonable investigation, the Defendant is without knowledge sufficient to form a belief as to the truth of the averments regarding the Plaintiff's injuries and damages, and the same are therefore denied. COUNT I FAITH NANCE v. CHRISTINE LEGO 8. The answers to Paragraphs 1-7 are incorporated herein by reference. 9. The answer to Paragraph 6 is incorporated herein by reference. 10. The answer to Paragraph 7 is incorporated herein by reference. 11. The answer to Paragraph 7 is incorporated herein by reference. 12. The answer to Paragraph 7 is incorporated herein by reference. WHEREFORE, the Defendant requests the complaint be dismissed. COUNT II FAITH NANCE v. ABC LANES, INe. 13-26. Paragraphs 13-26 of the complaint are not applicable to the answering Defendant. WHEREFORE, the Defendant requests the complaint be dismissed. NEW MATTER By way of further answer and defense, the Defendant asserts the following in new matter: 27. The Defendant has paid restitution of over $600 to the Plaintiff. WHEREFORE, the Defendant requests the complaint be dismissed. LAW OFFICE OF MICHAEL J. HANFT By: ~ William A. Addams Attorney LD. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorneys for Defendant Christine Lego F:\User Folder\Firm Docs\ Waa\2280, 1 \Answer.wpd # VERIFICATION Christina Lego hereby verifies that the facts set forth in the foregoing Answer are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications -~ (:tftfJ DATE: tD - d to-d 00 1 . , CERTIFICATE OF SERVICE AND NOW, this 26th day of June, 2001, I, Mary M. Price, an employee of the Law Office of Michael J. Hanft, hereby certify that I have served the Answer by mailing a copy ofthe same by United States mail, postage prepaid, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, P A 17055 Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, P A 17108 1'7J It, O~ C) C' ~ '""'!"] ,,0, f'" ./:-- ,- ~, u).~ r::,: -, ' , , ",) C', :.:" ~ -< \ .', _J ~ , '" FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants PLAINTIFF'S RESPONSE TO DEFENDANT CHRISTINE LEGO'S NEW MATTER 27. Admitted in part, denied in part. It is admitted that defendant Christine Lego has made payment in the form of restitution to District Justice Thomas Placey's office, but the exact amount paid is not known by plaintiff. Plaintiff demands strict proof of the amount paid and the identity of the beneficiary of said payments at time of trial. WHEREFORE, plaintiff prays that this Honorable Court will enter judgment in favor of plaintiff and against Defendant Christine Lego in an amount in excess of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful interest thereon, costs of suit and brings this action to recover same. Respectfully submitted, x;b~~ R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 .. VERIFICATION I verify that t~e statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: #!J' 3q .;)tJO/ -~,,:(^-_ r 111.,,>0.-- 0 .........._~ '~"'" , C 'i I s: C/) -0 e, n'l nl f;~"; -iJ -... <.:- -" L- ., e/) ~-': -.l -< r-' l~ v :s: ..1-' ,-, .z: (:) 5> c N ~:J ~ r:- J'J "" Stephen E, Geduldig, Esquire Attorney I.D, No, 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants NOTICE TO PLEAD TO: Plaintiff and her counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP '1.( 'l-- ~ {eo / By: :137447,2 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendant, ABC LANES, INC. Stephen E, Geduldig, Esquire Attorney I.D, No, 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seQ(Q2Uhlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants ANSWER AND NEW MATTER OF DEFENDANT, ABC LANES, INC., TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, ABC Lanes, Inc. ("Defendant"), by and through its undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied pursuant to Pa. R.C.P. 1029(e) 2. Denied pursuant to Pa. R.C.P. l029(e) 3. Admitted in part and denied in part. It is denied that Defendant's proper name is ABC Lanes, Inc. On the contrary, the proper name for Defendant is Automatic Bowling Centre, Inc. Automatic Bowling Centre, Inc. is a Pennsylvania corporation with a principal place of business located at 1001 Eisenhower Boulevard, Harrisburg, Dauphin County, Pennsylvania 17111. 4. Admitted in part and denied in part. It is admitted that Automatic Bowling Centre, Inc. owns and operates a bowling alley known as ABC West Lanes, located at 6454 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. To the extent that paragraph 4 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 5. Denied pursuant to Pa. R.C.P. 1029(e) 6. Denied pursuant to Pa. R.C.P. 1029(e) 7. Denied pursuant to Pa. R.C.P. 1029(e) WHEREFORE, Defendant, ABC Lanes, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. COUNT I Faith Nance v. Christine Lego 8-12. No response is required as these paragraphs are directed to other than Answering Defendant. WHEREFORE, Defendant, ABC Lanes, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. 2 COUNT I I Fa~th Nance v. ABC Lanes, Inc. 13. No response is required as this a paragraph of incorporation. 14. Denied as stated. It is admitted, however, that Automatic Bowling Centre, Inc. owned, possessed and controlled the premises located at 6454 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 15. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 16. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 17. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 18.. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 19. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 20. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e) 21(a)-(d) Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e) By way of further response, paragraph 21(e) has been deleted from the Complaint by Stipulation of Counsel. 3 22. Admitted in part and denied in part. It is admitted that Automatic Bowling Centre, Inc. was in possession and control of the lobby area where the video games were maintained. The remaining averments of paragraph 22 of Plaintiff's Complaint are denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 23. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 24. Denied as a legal conclusion and pursuant to Pa. R.C.P. J:029(e). 25. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 26. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, Defendant, ABC Lanes, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. NEW MATTER 27: Defendant, ABC Lanes, Inc., incorporates herein by reference, as if fully set forth at length, Paragraphs 1 through 26 of its Answer to Plaintiff's Complaint. 4 28. Defendant, ABC Lanes, Inc., pleads a credit for any medical costs paid or advanced by Lego, or for which Lego has assumed an obligation to pay. 29. Plaintiff was comparatively negligent and/or assumed the risk of injury by provoking, instigating and participating in the alleged incident. 30. No act or omission or breach on the part of Answering Defendant caused or contributed to the alleged harm. 31. Plaintiff's Complaint failed to allege a cause of action against Answering Defendant. 32. At all times material hereto, Answering Defendant acted with due care. 33. Plaintiff's claims may be barred or limited by collateral estoppel and res judicata. 34. At no time was Christine Lego an agent, servant or employee of Answering Defendant. 35. No conduct on the part of Answering Defendant's agent, servant or employee caused or contributed to Plaintiff's alleged injuries and/or damages. 5 WHEREFORE, Defendant, ABC Lanes, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 1 ("1-}(;::;> 1 :137447,1 By: STEPHEN E. GEDDLDIG, ESQUT ~ Attorney 1.0. No. 43530 Attorneys for Defendant, ABC LANES, INC. 6 VERIFICATION I, Gary Bower, r ('--6 (or; NT ~,W\'nc ~......U.l"<i '-6J\./W-E of ~ L.::mco, Inc., hereby verify that the averments made In the foregoing document are true and correct. 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. ,(,-,1,(0/ 0~ J.~ Gary B wer CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the Pennsylvania, Mail, postage prepaid, at Harrisburg, on the ~,.~.vtf day of July, 2001, on all counsel United States of record as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 106 Carlisle, Pennsylvania 17013-9142 Attorneys for Defendant, Christine Leqo THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esqul e :135545,1 0. - <r .- ....(. N -4= N .r \J\ :"0 ? ,. ., FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANT ABC LANES. INC. 27. Plaintiff incorporates herein by reference, as if fully set forth at length, Paragraphs 1 through 26 of its Complaint. 28. Admitted in part, denied in part. It is admitted that to the extent Defendant Lego has paid medical costs that Defendant ABC Lanes, Inc. would be entitled to a credit for that amount. It is denied that Defendant ABC Lanes, Inc. is entitled to a credit for any amount which Defendant Lego has assumed the obligation to pay. 29. Denied. This allegation is a conclusion of law to which no responsive pleading is required. By way of further answer, to the extent that this allegation is not a conclusion of law, plaintiff denies that she at anytime took any action which either provoked, instigated or was participation in the alleged incident. 30. Denied. This allegation is a conclusion of law to which no responsive pleading is required. To the extent that this allegation is not a conclusion of law, plaintiff responds further by alleging that ABC Lanes, Inc., through its agents, servants and/or employees was aware of the danger that Defendant Christine Lego posed to plaintiff and therefore had a duty to at least warn plaintiff of the danger. , .. 31. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. 32. Denied. Defendant ABC Lanes, Inc., despite having knowledge of the danger to the plaintiff, exercised no care to protect plaintiff from harm while plaintiff was a business invitee within their premises. 33. Denied. This allegation is a conclusion of law at best and therefore no answer is required. 34. Admitted. 35. Denied. As stated earlier, Defendant ABC Lanes, Inc. had knowledge of the danger posed to plaintiff by Defendant Christine Lego and took no action to protect plaintiff while in their establishment. WHEREFORE, plaintiff prays that this Honorable Court will enter judgment in favor of plaintiff and against Defendant ABC Lanes, Inc. in an amount in excess of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful interest thereon, costs of suit and brings this action to recover same. Respectfully submitted, m~~ R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 VERIFICATION I verify that t~e statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: #!J' 3~ ;)tJO/ / -t-CL':/( /~~ I >) , ' <...._ It ivY) c_c.. -- -<--<------------------ < <2 c c ) .-' -- ~:. tn "0 c' r"'" -~l .. e)C, "0 ,- ~~0: - .--' ~c -(.1 """0 ..",~!... ~ be') r:? 7 c.:. -/ -....~ ~ :;;- ~1 -<. (..,) -2. . . . -., FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants PRETRIAL MEMORANDUM OF PLAINTIFF I. BRIEF NARRATIVE STATEMENT OF THE CASE The plaintiff was assaulted while a patron at the ABC West Lanes, 6454 Carlisle Pike, Mechanicsburg, Pennsylvania. Plaintiff was assaulted by defendant Christine Lego. On the night prior to the assault Christine Lego was present with managers and employees of Defendant ABC and at that time made statements to the effect that she was going to assault the plaintiff. The Defendant ABC West employees encouraged her and in fact made comments about how the assault should take place. The day of the assault the plaintiff was a patron and had in fact had contact with employees and/or management of Defendant ABC. None of the employees or managers warned the plaintiff of the threat that had been made by Defendant Lego. Defendant Lego entered the ABC West Lanes and without provocation punched plaintiff in the face causing plaintiff to suffer a broken nose and a deviated septum. II. LIST OF TYPES AND AMOUNTS OF ALL DAMAGES CLAIMED A. Medical bills B. Pain and suffering C. Permanent disfigurement . , III. PERSONS WHO MAY BE CALLED AS WITNESSES A. Liability Plaintiff Christine Lego as on cross examination Jennifer Schwalm, waitress at ABC West Lanes Officer Hippensteel, Silver Spring Township Police Robert E. Wolf, M.D., surgeon who performed surgery on plaintiffs nose and deviated septum B. Damages Medical records from Holy Spirit Hospital including billing information along with records custodian IV. EXHIBITS Medical records Photographs of plaintiff V. STIPULATION None VI. ESTIMATED LENGTH OF TRIAL 1 day VII. SCHEDULING PROBLEMS None anticipated. VII. SPECIAL EVIDENTIARY ISSUES None anticipated. . .. IX. SETTLEMENT OFFER OR DEMAND Plaintiff acknowledges that the value of this case is less than $20,000.00 and therefore agrees to the removal of this case to arbitration. Respectfully submitted, ~4~ R. Mark Tfiomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 . ... . , CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by Facsimile transmission on June 17, 2002, on all counsel of record as follows: Stephen E. Geduldig, Esquire Attorney for Defendant ABC West Lanes 305 N. Front Street, 6th Floor Harrisburg, PA 17108 FAX (717) 237-71 05 Willaim A. Addams, Esquire Attorney for Defendant Christine Lego 19 Brookwood Avenue, Ste. 106 Carlisle, P A 17013 FAX (717) 249-6154 ~ R. Mark Thomas, Esquire FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3495 CIVIL TERM CHRISTINE LEGO and ABC LANES, INC., Defendant PRETRIAL MEMORANDUM OF DEFENDANT CHRISTINE LEGO 1. FACTS: On the afternoon of January 24,2000 the Plaintiff and Defendant, Christine Lego, got into an argument at the ABC West Bowling Lanes. This escalated into a fight and the Defendant punched Ms. Nance in the nose. The Plaintiff alleges ABC West breached a duty to protect her. 2. DAMAGES: Not applicable to Defendant. 3. ISSUES: Whether the Defendants, or either of them, are liable to the Plaintiff for her injury. 4. EVIDENCE: No problems are anticipated. 5. WITNESSES: Christine Lego. 6. EXHIBITS: None anticipated. 7. SETTLEMENT NEGOTIA nONS: None involving this Defendant. HANFT & KNIGHT, P.C. By: ~ ,../ ,/ //.::.., William A. Addams Attorney J.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013 (717) 249-5373 Attorneys for Defendant Christine Lego F:IUser FolderlFinn DocsIWAA\228Q, IIPTM.wpd Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 ~~ ({tlY JUN 1 4 ZOOt ~ THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants Pre-Trial Conference Scheduled: June 19, 2002 at 9:15 a.m. The Hon. Edgar B. Bayley PRE-TRIAL MEMORANDUM OF DEFENDANT, ABC LANES, INC. I. BRIEF NARRATIVE STATEMENT OF THE CASE This cases arises from an altercation between Plaintiff Faith Nance ("Plaintiff") and Defendant Christine Lego ("Defendant Lego") on January 24, 2000, at approximately 2:30 p.m. at the ABC West Lanes, 6454 Carlisle Pike, Harrisburg, Pennsylvania ("Defendant ABC"). Defendant Lego entered the bowling alley and approached Plaintiff with the intent of confronting Plaintiff over an incident involving Plaintiff and Defendant Lego's boyfriend. When Plaintiff denied a relationship with Defendant Lego's boyfriend, Defendant Lego punched Plaintiff in the nose. Defendant Lego maintains that she punched Plaintiff in self-defense. Plaintiff claims that Defendant ABC had prior knowledge of the impending assault and should have warned Plaintiff. Defendant ABC denies having knowledge that this assault by Defendant Lego was going to take place. Furthermore, Defendant ABC denies encouraging Defendant Lego to carry out this assault upon Plaintiff. Plaintiff claims that her nose was broken in the scuffle. II. LIST OF TYPES AND AMOUNTS OF ALL DAMAGES CLAIMED Defer to Plaintiff. III. LIST OF NAMES AND ADDRESSES OF ALL PERSONS WHO MAY BE CALLED AS WITNESSES, CLASSIFYING THEM AS LIABILITY OR DAMAGE WITNESSES A. Liability Plaintiff, Faith Nance, as on cross-examination Defendant, Christine Lego, as on cross-examination Jennifer Schwalm, waitress at ABC West Jodi Beckey, bartender at ABC West Joe Miholic, lounge manager at ABC West Jeff Koehler, former manager of ABC West Gary Bower, President of ABC West Charles Roth, 110 Hunkey Hollow Road, Duncannon, PA Officer Hippensteel, Silver Spring Township Police Any witness identified by any other party in discovery Any witness identified by any other party in its Pre-Trial Memoranda Defendant ABC reserves the right to supplement this list prior to trial B. Damages Plaintiff, Faith Nance as on cross examination Records Custodians for all health care providers identified in discovery Any health care provider identified in discovery Any witness identified by any other party discovery Any witness identified by any other party in its Pre-Trial Memoranda Defendant ABC reserves the right to supplement this list prior to trial IV. LIST ALL EXHIBITS WHICH A PARTY INTENDS TO USE AT TRIAL Enlargement of photographs of the inside of ABC West Plaintiff's deposition transcript Plaintiff's Complaint Plaintiff's Answer to New Matter Plaintiff's medical records 2 Deposition transcript of Defendant Christine Lego Deposition transcript of Joe Miholic Deposition transcript of Jeff Kohler Deposition transcript of Jodi Beckey Recorded statement of Charles Roth Any exhibit identified or admitted in evidence into any deposition in this case Any exhibit identified by any other party Defendant reserves the right to supplement this list prior to trial V. COPY OF WRITTEN REPORT OR ANSWER TO WRITTEN INTERROGATORY CONSISTENT WITH RULE 4003.5 CONTAINING OPINION OF EXPERT WITNESSES None other than medical records and employment records identified above. VI. STIPULATION OF THE PARTIES, IF ANY That Plaintiff was not impaired or under the influence of alcohol or a controlled substance at the time of her deposition. 11/2 - 2 days. VII.ESTIMATED LENGTH OF TRIAL VIII. SCHEDULING PROBLEMS None anticipated. IX. SPECIAL EVIDENTIARY ISSUES None anticipated. 3 x. REALISTIC SETTLEMENT OFFER OR DEMAND Counsel for Defendant ABC Lanes, Inc. has no authority to settle this case. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ~ STEPHEN E. GEDULDIG, ESQU~ Attorney I.D. No. 43530 :168560.1 Attorneys for Defendant, ABC LANES, INC. 4 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 (4~ day of June, 2002, on all counsel of record as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 106 Carlisle, Pennsylvania 17013-9142 Attorneys for Defendant, Christine Lego THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire :135545.1 ~4' SHERIFF'S RETURN - REGULAR CASE NO: 2001-03495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NANCE FAITH VS LEGO CHRISTINE ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEGO CHRISTINE the DEFENDANT , at 0018:53 HOURS, on the 7th day of June , 2001 at 52 HERFORD RD CAMP HILL, PA 17011 by handing to CHRISTINE LEGO 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 So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~I R. Thomas Kline Sworn and Subscribed to before 06/08/2001 R. MARK THOMAS <\) ~'1'\ ~. kaJJ. Deputy Sheriff By: me this :2 f~ day of ~ 2.(,"'0 ( A.D. I~. a ~-- ~thonotar:5r 'fi2, ~. \, J. " SHERIFF'S RETURN - REGULAR CASE NO: 2001-03495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NANCE FAITH VS LEGO CHRISTINE ET AL DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ABC LANES INC the DEFENDANT , at 0019:23 HOURS, on the 7th day of June 2001 at 6454 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JEFF KOHLER (MANAGER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 5.58 .00 10.00 .00 21.58 ~~~i R. Thomas Kline Sworn and Subscribed to before me this :2 f~ day of Ch d-b-rl\ A.D. \h' 0 ft.,AP;.- ~ thonotary I 06/08/2001 R. MARK THOMAS. 0 By: \:J0vW~ cr Deputy Sheriff \wt .. Stephen E, Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, ABC Lanes, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~0-1 0 ( :135544.1 By: STEPHEN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 43530 Attorneys for Defendant, ABC LANES, INC. \. 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 cr~ day of June, 2001, on all counsel of record as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Ms. Christine Lego 52-H Erford Road Camp Hill, Pennsylvania 17011 Defendant THOMAS, THOMAS & HAFER, LLP Step :135545.1 , '----. Stephen E. Geduldig, Esquire Attorney 1.0. No, 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22/ Defendant certifies that: 1 . A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the day on which the subpoenas were sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. ('"ItlOMt\S; THOMA~ & HAFE~ LLP .dJ'''''-~V-2:-..i;;;.';'.~':'::-l:''-,,,"_...,~-.#/'''~.,-,,~~~.,", g/22.~1 STEPHEN E. GEDUlDIG, ESQUIRE 305 NORTH FRONT STREET - 6TH FLOOR HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANTS FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants NOTICE OF INT PRODUCE DISCOVERY PUR TO: Counsel and Parties of Record Defendant, ABC lanes, Inc., intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, llP S'~- -. ' . :"" (0;) if ~.__ . l'/ '."'" rr- ~;'~j/'''''_C~__) , STEPHEN E. GEDUlDIG, ESQUIRE U 305 NORTH FRONT STREET - 6TH flOOR HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANT t) \ 9-'\0 I Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: District Justice Thomas A. Placey, 104 Sporting Hill Road, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records for any incidents involvinQ Faith Nance a/kJa Faith Hebbe at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, HarrisburQ, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT ID#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: District Justice Thomas A. Placey, 104 Sporting Hill Road, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records for any incidents involvinq Christine Leqo a/kJa Christine Rexroth at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ( 4/97) CERTIFICATE OF SERVICE I, STEPHEN E. GEDUlDIG, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, llP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 106 Carlisle, Pennsylvania 17013-9142 THOMAS, THOMAS & HAFER, llP tJ )~O I ............ ........ ,/ /i (/'D ~~ ~ . J --'.........-..:.."'.-...."1. .c:/ - ~ ,~--_....---' ; (../ STEPHEN E. GEDUlDIG, ESQUIRE , ~ I, STEPHEN E. GEDULDlG, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, UP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 1 06 Carlisle, Pennsylvania 17013-9142 THOMAS, THOMAS & HAFER, LLP S" I Z 2-101 STEPHEN E. GEDULDIG, ESQUIRE ," , ~.~) "-"-' -j" (: -: \' ,...,) ....) -...... Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mai led or del ivered to each party at least twenty days prior to the day on wh ich the subpoenas were sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. J I ,. ~ 7 -0 ( :139196.2 THOMAS, THOMAS & HAFER, llP C~ ~ ~ (;,,; 1-/ ~<-----~~~_..-~~~~j (i STEPHEN E. GEDUlDIG, ESQUIRE 305 NORTH FRONT STREET - 6TH flOOR HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANTS ABC LANES, INC. I, STEPHEN E. GEDUlDIG, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, llP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on November J.]-, 2001 addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 106 Carlisle, Pennsylvania 17013-9142 THOMAS, THOMAS & HAFER, llP ._-._,...........~...-:::-~,. .c::::/ ./ ...-0.".... ",. ~.-,..,-"... :139196.2 STEPHEN E. GEDUlDIG, ESQUIRE Stephen E, Geduldig, Esquire Attorney 1.0, No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: ABC LANES, INC. FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Counsel and Parties of Record Defendant, ABC LANES, INC., intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: THOMAS, THOMAS & HAFER, llP ~~ ----/ r/ t? ,4 c;::7~~~- STEPHEN E. GEDUlDIG, ESQUIRE 305 NORTH FRONT STREET - 6TH FLOOR HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANT ABC LANES, INC. - 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 '56-- day of November, 2001, on all counsel of record as follows: Attorneys for Plaintiff R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, Pennsylvania 17055 Attorneys for Defendant, Christine Lego William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 106 Carlisle, Pennsylvania 17013-9142 THOMAS, THOMAS & HAFER, LLP ~. /J 0.,.'; {,/ .'" r,.. _~"'_m?_! J Stephen E. Geduldig, Esquire FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Holy Spirit Hospital Emergency Room 503 N. 21st Street Camp Hill, PA 17011 (717) 763-2100 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports. correspondence. notes, memoranda and diaqnostic studies reqardinq: Faith E. Nance a/kla Faith E. Hebbe Date of Birth 10/4/69: 5.5. No.: 210-62-8246 at: Thomas. Thomas & Hafer, LLP, P.O. Box 999, Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 147643.1 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Carrie Delone, M.D. Fairview Family Health Center 564 Old York Road Etters, PA 17319 (717) 938-9191 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records, reports, correspondence. notes. memoranda and diagnostic studies reqardinq: Faith E. Nance a/k1a Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas. Thomas & Hafer, lLP. P.O. Box 999. Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT ID#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy : 147643.2 FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Dennis D. Diaz, M.D. 1 Tyler Court Carlisle, PA 17013 (717) 258-5661 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records, reports. correspondence. notes, memoranda and diaqnostic studies reqarding: Faith E. Nance a/kla Faith E. Hebbe; Date of Birth 10/4/69; 5.S. No.: 210-62-8246. at Thomas. Thomas & Hafer. llP, 305 N. Front St.. P.O. Box 999, Harrisburg. PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT ID#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 147643.3 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian James D. Long, M.D. American Office Center 423 N. 21st Street Camp Hill, PA 17011 (717) 763-9880 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records, reports. correspondence, notes, memoranda and diagnostic studies reqarding: Faith E. Nance a/kla Faith E. Hebbe: Date of Birth 10/4/69; S.S. No.: 210-62-8246. at Thomas. Thomas & Hafer, llP. 305 N. Front St., P.O. Box 999. Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC Lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 147643.4 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Andrew J. Richards, M.D. 1511 N. Front Street Harrisburg, PA 17102 (717) 232-4567 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports, correspondence. notes. memoranda and diaanostic studies reaardina: Faith E. Nance alkla Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas. Thomas & Hafer. llP, 305 N. Front St.. P.O. Box 999. Harrisbura, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT ID#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 147643.5 Deputy - FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Robert E. Wolf, M.D. 2101 N. Front Street #4 Harrisburg, PA 17110 (717) 233-4691 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports. correspondence. notes, memoranda and diaqnostic studies reqardinq: Faith E. Nance a/k1a Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas, Thomas & Hafer, llP, 305 N. Front St.. P.O. Box 999, Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 147643.7 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian 5ubir Ray, M.D. Surgical Physicians, P .C. 4401 Fargreen Road Harrisburg, PA 17110 (717) 233-9093 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports. correspondence. notes. memoranda and diaqnostic studies reqardinq: Faith E. Nance a/kla Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas, Thomas & Hafer. llP. 305 N. Front St., P.O. Box 999. Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division , 147643,8 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Miller Oral Surgery 695 5t. Johns Church Road Camp Hill, PA 17011 (717) 763-4000 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports. correspondence. notes. memoranda and diagnostic studies regardinq: Faith E. Nance a/k/a Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT ID#: 43530 Attorney for Defendant ABC Lanes, Inc, BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 1476439.9 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Beaudry Oral Surgery 3600 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-7603 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records, reports, correspondence, notes. memoranda and diaqnostic studies reaardina: Faith E. Nance a/k1a Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas. Thomas & Hafer, LlP, 305 N. Front St.. P.O. Box 999. Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 1476439.10 Deputy - FAITH NANCE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian David C. Leber, M.D. Leber & Wolf Plastic Surgery 2101 N. Front Street, Suite #4 Harrisburg, PA 17110 (717) 233-4691 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records, reports. correspondence. notes. memoranda and diagnostic studies reqardinq: Faith E. Nance alkla Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246. at Thomas. Thomas & Hafer. LLP. 305 N. Front St., P,O. Box 999. Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC Lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 1476439.11 Deputy FAITH NANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL v. CHRISTINE LEGO and ABC LANES, INC., Defendants TO: Records Custodian Dr. Wayman and Ruth Kovacs, M.D. Steven Mental Health Center 33 State Avenue Carlisle, PA 17013 (717) 243-6033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records. reports. correspondence. notes, memoranda and diaqnostic studies regardinq: Faith E. Nance a/k1a Faith E. Hebbe: Date of Birth 10/4/69: 5.5. No.: 210-62-8246, at Thomas. Thomas & Hafer. llP. 305 N. Front S1.. P.O. Box 999. Harrisburq, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Stephen E. Geduldig, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7119 SUPREME COURT 10#: 43530 Attorney for Defendant ABC lanes, Inc. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division : 147643.6 Deputy - Q ","'.;~., - -, ,,-. .' I ;'.....) i ~..:.-) , ) .....1- l n ---~ -<... . ... " FAITH NANCE, Plaintiff v. CHRISTINE LEGO and ABC LANES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3495 CIVIL STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiff, Faith Nance, and counsel for Defendant, ABC Lanes, Inc., that paragraph 21 (e) of Plaintiff's Complaint is stricken and withdrawn. 1..l> 0 ( /'1 . \. ~~7. /" .;<::;//1I~~/4~~ R. Mark Thomas, Esquire Attorney for Plaintiff, FAITH NANCE THOMAS, THOMAS & HAFER, LLP ~I Stephen E. Geduldig, Esquire! Attorney for Defendant, ABC LANES, INC. .. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the Pennsylvania, Mail, postage prepaid, at Harrisburg, r:-~ on the:? day of July, 2001, on all counsel United States of record as follows: H. t.lark Thomas, E::squire 101 South Market Street Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff William A. Addams, Esquire LAW OFFICE OF MICHAEL J. HANFT 19 Brookwood Avenue Suite 106 Carlisle, Pennsylvania 17013-9142 Attorneys for Defendant, Christine Lego THOMAS, THOMAS & HAFER, LLP ~ Stephen E. GedUld~ire :135545.1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury . CAPTION OF CASE (entire caption must be stated in full) (check one) (X ) Civil Action - Law FAITH NANCE Appeal from Arbitration vs. (Plaintiff) (other) (Defendant) list will be CHRISTINE LEGO and ABC LANES, INC., No. Civil 01-3495 Indicate the attorney who will try case for the party who files this praecipe: Stephen E. Geduldig, Esquire Indicate trial counsel for other parties if known: R. Mark Thomas, Esquire, for Plaintiff William A. Addams, Esquire, for Defendant Christine Lego This case is ready for trial. Date: if (? o( ~ 2-- Signed: Stephen E. Geduldig, Esquire ~ Attorney for: Defendant, ABC Lanes, Inc. C. c: ":~ _!_~ FAITH NANCE, PLAINTIFF V. CHRISTINE LEGO AND ABC LANES, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3495 CIVIL TERM IN RE: MOTION OF DEFENDANT, ABC LANES, INC., FOR A TRIAL BY JURY AND NOW, this II'" ORDER OF COURT day of July, 2002, the request of defendant, ABC Lanes, Inc., for a trial by jury, IS DENIED. A bench trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, August 19, 2002, at 1 :30 p.m. R. Mark Thomas, Esquire For Plaintiff Stephen E. Geduldig, Esquire For ABC Lanes, Inc. William A. Addams, Esquire For Christine Lego :saa ~ ~L'7/lllo;;.. ~.~ By the Court, .~. // I / , ) .l L ; " lk ,',' .' '. Edg.a~ley, 'J; / . . 01-3495 CIVIL TERM a"",...,.r1in"l" +ho f,...II,...\Alin" ,...,.1"'10,. ;e> 0"+0,.01"'1 FAITH NANCE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE LEGO AND ABC LANES, INC., DEFENDANTS 01-3495 CIVIL TERM IN RE: MOTION OF DEFENDANT. ABC LANES. INC.. FOR A TRIAL BY JURY OPINION AND ORDER OF COURT Bayley, J., July 11, 2002:-- Plaintiff, Faith Nance, instituted this suit against defendants, Christine Lego and ABC Lanes, Inc., by a complaint on June 6, 2001. Plaintiff seeks damages on allegations that defendant, Christine Lego, assaulted her at the ABC Lanes, Inc., on January 24, 2000, and that ABC Lanes, Inc. failed to provide reasonably safe premises for her as its business invitee. The complaint was not endorsed with a demand for a trial by jury. Defendant, Christine Lego, filed an answer to the complaint with new matter on June 26, 2001. The pleading was not endorsed with a demand for a trial by jury. Plaintiff filed a response to the new matter on September 17, 2001. Defendant, ABC Lanes, Inc., filed an answer with new matter to the complaint on July 24, 2001. The pleading was not endorsed with a demand for a trial by jury. Plaintiff filed a response to the new matter on September 17, 2001. The case was listed for a trial by jury by defendant, ABC Lanes, Inc., on May 1, 2002. At a pretrial conference on June , ' 01-3495 CIVIL TERM 19, 2002, plaintiff objected to a trial by jury. Pa. Rule of Civil Procedure 1007.1 provides in pertinent part: (a) In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing. (Emphasis added.) Defendant, ABC Lanes, Inc., concedes, that it did not demand a trial by jury within the time required in Rule 1007.1. Notwithstanding, it seeks to invoke the discretion of this court in now allowing a trial by jury. A court has discretion to allow a party to withdraw a waiver of the right to a jury trial. Rodney v. Wise, 347 Pa. Super. 537 (1985). Ordinarily, if the party demonstrates sufficient legal cause to withdraw a waiver of the right to a jury trial, the court may permit a withdrawal of the waiver. Id. However, a mere change of heart does not constitute sufficient legal cause for withdrawing a waiver. Id. In a memorandum in support of its request for a jury trial, defendant, ABC Lanes, Inc., argues: Allowing a jury trial is not inconsistent with Rule 126, as the substantial rights of the Plaintiff are unaffected. In particular, no prejudice will result from allowing a jury trial at this time. In fact, allowing a jury trial demand at this point will cause no more prejudice now than had the demand been timely filed. Moreover, this case involves essentially a swearing contest between the two combatants, and therefore, Defendant submits that this personal injury case, involving a fundamental credibility issue on the part of Plaintiff and the individual Defendant, is exactly the type of case that should be, and routinely is, tried by a jury. These arguments do not constitute sufficient legal cause to warrant our exercise of discretion in allowing defendant to obtain a jury trial over the opposition of plaintiff. -2- 01-3495 CIVIL TERM Accordingly, the following order is entered. AND NOW, this Lanes, Inc., for a trial by jury, IS DENIED. A bench trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, August 19, 2002, at 1 :30 p.m. By the Court, i~ ~Md Edgar B. Bayley, J. R. Mark Thomas, Esquire For Plaintiff / Stephen E. Geduldig, Esquire For ABC Lanes, Inc. William A. Addams, Esquire For Christine Lego :saa -3- FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants ORDER AND NOW, this pt- ~ay of August, 2002, upon being advised by counsel that there is an agreement to continue the trial date from August 19, 2002 to September 18, 2002, it is hereby ordered that the trial previously scheduled for August 19, 2002 is continued and a new trial date is set for Wednesday, September 18, 2002 to commence at By the Court, ,/) / / ,.It ,~ 1 <l f ,/ 8:45 a.m. J. cc: / R. Mark Thomas, Esq. / Stephen E. Geduldig, Esq. / William A. Addams, Esq. > . Lo?::o:< FAITH NANCE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 01-3495 CIVIL CHRISTINE LEGO and ABC LANES, INC., Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter which has been settled. Respectfully submitted, ~~~ ID# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 c. c, ~-=' ) ..-1 \ (-;:~'i <:- ..<-.- 1.;:;_. -:<: -.-\ -::.. (::;