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Home My WebLink About06-4451COKKONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JENNIFER BECK, Plaintiff, v. CARLISLE SPORTS WORIM, Defendants. TERM 2006 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 AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICE OF GILL AND CHAMAS 655 Florida Grove Road, Box 760 Woodbridge, New Jersey 07095 (732) 324-7600 Attorney for Plaintiff JENNIFER RECK, 122 Lawrence Parkway, Laurence Harbor, NJ 08879 COURT OF THE COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), VS. CARLISLE SPORTS EMPORIUM, 29 S. Middlesex Road Carlisle, PA 17013 and JOHN DOES -10 (fictitious names, real names unknown) and ABC CORPS, (fictitious names, real names unknown Defendant(s) 6 6- y 9's') TERM, 2006 COMPLAINT - CIVIL ACTION PREMISES LIABILITY 1. Plaintiff, Jennifer Reek, is an adult individual, citizen and resident of the State of New Jersey, who is currently residing at 122 Laurence Parkway, Laurence Harbor, New Jersey 08879. As of August 6, 2004, the plaintiff, Jennifer Reek, was twenty three years old. 2. Defendants, Carlisle Sports Emporium and John Does, businesses, citizens, and residents of the Commonwealth of Pennsylvania, in Carlisle, Pennsylvania doing business in the Commonwealth of Pennsylvania in Carlisle, Pennsylvania. 3. At all relevant times hereto, defendant, Carlisle Sports, is a corporation who owned, operated, maintained and controlled the premises located at 29 S. Middlesex Road in Carlisle in the State of Pennsylvania. 4. The amount in controversy exceeds the local rules for amounts in controversy required in arbitration. 5. At all relevant times hereto defendants acted by themselves and by and through their agents, servants and/or employees, including actual, apparent and/or ostensible agents. 6. On or about August 6, 2004, the Plaintiff, Jennifer Reck, was legally and lawfully on defendant's premises. 7. At the time and place aforesaid, the defendants, constructed, controlled, and supervised the structure on defendant's property. 8. On or about August 6, 2004 while on defendants' premises plaintiff was injured when she slipped on grease getting offa go kart. 9. The injuries suffered by Jennifer Reck were caused solely and exclusively by the negligent acts and/or omissions of all defendants, jointly and severally, and were due in no matter whatsoever to any fault or failure to act on the part of the plaintiff, Jennifer Reck. 10. As a direct and proximate result of the negligence and carelessness of all defendants, jointly and severally, their agents, servants and/or employees, Jennifer Reck, sustained severe and permanent injuries resulting in serious impairment of bodily functions, all and some of which are permanent, known and unknown, as well as other 2 personal injuries and damages which are not currently apparent, but which will arise in the future, including, but not limited to the following: a. Fractured right finger. b. Seven stitches. C. Removal of nail. 11. The injuries described above are chronic, permanent, and are a direct result of the negligence, carelessness and recklessness of all defendants, jointly and severally, including their agents, servants and/or employees. COUNTI JENNIFER RECK v. CARLISLE SPORTS EMPORIUM NEGLIGENCE 12 The previous paragraphs are incorporated herein by reference. 13. The negligence, carelessness, and recklessness of defendants consists among other things, of the following; a. negligently, carelessly, and recklessly failing to provide plaintiff with a safe place to visit; b. failure to adequately inspect premises for hazardous conditions; C. failure to properly secure the security carts; d. failing to design, maintain, engineer, fabricate, plan, plot, supervise and establish proper and adequate materials for the premises; e. failing to warn plaintiff, a social guest, of the dangerous and unsafe conditions then and there existing upon the premises; f. failure to adopt, enact, employ and enforce proper and adequate safety programs, precautions, procedures, measures, and plans: 3 g. violating and failing to comply with federal and state statutes, local ordinances, and all other rules, enactments, or regulations applicable or in effect pertaining to the security, construction and maintenance of the premises, structure and its attachments.; h. exposing plaintiff, a social guest, to peculiar and unreasonable risks and dangers by failing to adequately consider, inspect, and secure the premises, structure and its attachments; i. inviting the plaintiff onto said premises, structure and its attachments when defendants knew or should have known of the dangerous conditions that existed; j failing to warn the plaintiff of the dangers and defective conditions the defendants knew or should have known of, k. failing to repair or remove or eliminate the dangerous and defective conditions to prevent plaintiff's injuries which such injuries were reasonably foreseeable to defendants; 1. failing to repair or otherwise eliminate the aforesaid dangers and defective conditions thereby creating a risk of harm to all person visiting said premises, and its attachments; M. failing to warn plaintiff, a social guest, of the lack of proper security; n. negligence as may be proven from facts now exclusively in the possession of defendants, which may be ascertained after the filing of this complaint. 4 COUNT II JENNIFER RECK v. CARLISLE SPORTS EMPORIUM NEGLIGENT SUPERVISION 14. The previous paragraphs are incorporated herein by reference. 15. The negligence, carelessness and recklessness of defendants, Carlisle Sports Emporium and John Does, consist of, among other things, the following; a. failure to supervise and monitor the plaintiffs activities while on their property/premises; b. failure to exercise due care under the circumstances; c. failure to properly supervise and monitor the use of the aforementioned premises; d. negligent operational procedure; e. failure to properly supervise and monitor the security carts; f. failure to warn the plaintiff on dangers known to the defendants or those that should have been known to defendants of misuse or incorrect use of construction materials provided; WHEREFORE, plaintiff, Jennifer Reck, demand judgment against all defendants jointly and severally, in an amount in excess of the local arbitration rules an in excess of Fifty Thousand Dollars, $50,000.00 in compensatory damages, exclusive of prejudgment interest, costs, and post judgment interest. LAW O FICES OF GILL AND CHAMAS By: I P. MIKITA, JR. Attorneys for the Plaintiff P.O. Box 760, 655 Florida Grove Road Woodbridge, New Jersey 07095 Dated: August 2, 2006 PA Attorney's License #: 73901 5 VERIFICATION I, William P. Mikita, Jr., Esq., hereby verify the statements made in the foregoing Civil Action Complaint are true and correct, to the best of my knowledge, information, and belief. I understand the false statements herein are made subject to the penalties of 18Pa.C.S. §4904 relating to unsworn falsification to authorities. WILLIAM P. MIKITA, JR., ESQ. Dated: $/46 6 (? V ...I W ro ? .... ?,? v ? ? :t r .-1 (+ SHERIFF'S RETURN - REGULAR CASE NO: 2006-04451 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RECK JENNIFER VS CARLISLE SPORTS EMPORIUM SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CARLISLE SPORTS EMPORIUM was served upon DEFENDANT the at 2045:00 HOURS, on the 30th day of August , 2006 at 29 S MIDDLESEX ROAD CARLISLE, PA 17013 by handing to JAMIE PLASTERER, OWNER, 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: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40-/ 08/31/2006 gL GILL & CHAMAS 7 Sworn and Subscibed to By:? i before me this day eputy Sheri of A.D. Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfalab Cvuntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e )L y /q 5j CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573