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Home My WebLink About02-29921N THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT DAVID E. IDDINGS, Plaintiff VS. OF PENNSYLVANIA CUMBERLAND COUNTY NOBLE HOUSE ENTERPRISES, GARY COLEMAN and WILLIAM LaVAN, Defendant NO. O~ CIVIL ACTION - LAW JUDGMENT PRAECIPE TO TRANSFER JUDGMENT To the Prothonotary: Pursuant to Pa. R.C.P. No. 3002, kindly enter judgment against the defendants, GARY COLEMAN and NOBLE HOUSE ENTERPRISES, in the mount of $50,000.00 plus interest from September 2, 2000, in accordance with the following documents attached hereto: (1) certified copy of all the docket entries in the above-captioned case; and (2) certification of the amount of the judgment in the above-captioned case; and forthwith enter the judgment in the appropriate dockets and index it against the defendants. BY: MARVIN J. ~~, ESQUIRE ATTORNEY NO. 051 ATTORNEY FOR PL~a~NTIFF 9 Courtyard Offices Suite 130, Routes 11 & 15 Selinsgrove, PA 17870 (570) 743-2333 CERTIFICATE OF DOCKET ENTRIES COMMONWEALTH OF PENNSYLVANIA: COUNTY OF UNION : SS Among the Records and Proceedings of the Court of Common Pleas in and for the County of Union, and the State of Pennsylvania, the following is a true and correct copy to the Computer Docket Entries at NO. I, Linde Richards, Acting Prothonotary of the Court of Common Pleas in and for said County, Certify that the foregoing is a full and correct copy of the Docket Entries wherein . David E. Idd±ngs Plainfiffand Noble House Enterprises, Gary Coleman, William Lavan Defendant: as the remains of record before the said CouP, at NO. 00-748 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, the 13th dayof June 2002 . . /~OTHONOTARY By: Deputy Prothonotary DATE 06/13/02 UNION COUNTY COURT SYSTEM TIME 11:56 CASE INFORMATION CASES: 00-0748 TO 00-0748 00--0748 Case Type: Commenced: Status: CIVIL ACTION 08/04/00 ACTIVE DAVID E IDDINGS VS NOBLE HOUSE ENTERPRISES GARY COLEMAN WILLIAM LAVAN PARTIES P01.IDDINGS, DAVID E MIFFLINBURG PA 17844 D01.NOBLE HOUSE ENTERPRISES LANCASTER PA 17603 2748 D02.COLEMAN, GARY LANCASTER PA 17603 2748 D03.LAVAN, WILLIAM LANCASTER PA ]7603 2748 900 WEST CHESTNUT ST 05/21/02 5158 313 W LIBERTY ST 11/30/01 17350 313 W LIBERTY ST 11/30/01 17350 313 W LIBERTY ST 01/18/02 35296 RUDNITSKY, MARVI~ RUDNITSKY & HACK5 BRANN, PAUL W ES~ BRANN & LIGHT BRANN, PAUL W ESI BRANN & LIGHT MORRIS, EDWARD J EDWARD J MORRIS ~ 002.09/07/00 003.09/07/00 004.09/07/00 005.10/03/00 006.10/13/00 007.10/24/00 008.11/16/00 009.11/30/00 010.12/01/00 011.11/30/00 012.]1/30/00 013.01/09/01 014.01/09/01 DOCKET ENTRIES 001.08/04/00 COMPLAINT FILED ISSUED 3 COPIES TO sHERIFF & 1 COPY TO ATTY FRAVEL SHERIFF'S RETURN NOBLE HOUSE ENTERPRISES WAS NOT FOUND IN LANCASTER CO SHRFS BAILIWICK SHERIFF'S RETURN WILLIAM LAVAN WAS NOT FOUND IN LANCASTER CO SHRFS BAILIWICK SHERIFF'S RETURN GARY COLEMAN WAS NOT FOUND IN LANCASTER CO SHRFS BAILIWICK PRAE TO REINSTATE COMP ISSUED REINSTATED COMP TO ATTY RUDNITSKY SERVED BY WAYNE MERRILL(LANCASTER CO CONSTABLE), GARY COLEMAN PERSONALLY ACCEPT OF SERVICE BY GARY COLEMAN ON BEHALF OF NOBLE HOUSE ENTERPBISES & AS GARY COLEMAN INDIVIDUALLY DEFENDANT'S ANSWER TO PLT COMPLAINT BY ATTY BRANN STATUS ORD ANTIC TRL DUR 3RD QRT OF 2001/ALL DISCOVERY SHALL BE COMPLETED NO LATER THAN 5/14/01 RCP(236)NOTICE MAILED TO ATTY FRAVEL ATTY BRANN CT ADMIN & JUDGES SEC ORDER: JUDGE KNIGHT RECUSES HERSELF ALL PROCEEDINGS SHALL BE HEARD BY JUDGE WOELFEL RCP(236)NOTICE MAILED TO JUDGE WOELFEL ATTY FRAVEL ATTY BRANN CT ADMIN & JUDGES SEC ORDER: STAT ORD 11/30/00 IS VACATED/ SCHEDULING CONF 3/19/01 @ 8:00 AM AT SNYDER COUNTY RCP(236)NOTICE MAILED TO JUDGE KNIGHT ATTY RUDNITSKY ATTY BRANN & CT ADMIN DATE 06/13/02 UNION COUNTY COURT SYSTEM TIME ]1:56 CASE INFORMATION CASES: 00-0748 TO 00-0748 CASE: 00--0748 (Cont'd) 015,03/20/01 016,07/12/01 017,07/17/01 018,07/17/01 STATUS ORD ANTIC TRL DUR 4TH QUARTER 200]. VOIR DIRE 1]/12/01 SEE ORDER MOT COMPEL ANS TO INTEROG ADDRESSED TO DEFS NOBLE HOUSE ENTERPRISES & GARY COLEMAN BY ATTY RUDNITSKY ORDER: DEFS NOBLE HOUSE ENTERPRISES & GARY COLEMAN SH/ANS PLTS 1ST INTERROG W/IN 20 DAYs RCP(236)NOTICE MAILED TO JUD SEC & 3 TO ATTY RUDNITS~Y 019,07/20/0] CERTIFICATE OF SERVICE BY ATTY RUDNITSKY 020,07/26/0]. 021,07/26/01 022,09/04/01 023,09/10/0] 024,09/10/01 PRE-TRIAL CONFERENCE ORD/CONF 10/9/01 @ 8:30 AM IN SNYDER CTY/P/T STATEMENT PRIOR TO ll/13/01/SEE ORD RCP(236)NOTICE MAILED TO ATTY RUDNITSRY ATTY BRANN & CT ADMIN MOTION FOR EXTENSION OF DISCOVERY DEADLINE BY ATTY RUDNITSKY ORDER: DEADLINE FOR COMPLETION OF ALL DISCOVERY EXTENDED TIL 9/30/01/SEE ORD RCP(236)NOTICE MAILED TO JUD SEC & 3 TO ATTY RUDNITSKY 025,09/]7/01 P/T STATEMENT BY ATTY RUDNITSKY 026,10/16/0] 027,]0/16/01 028,10/30/01 029,11/05/0] 030,11/05/01 031.]1/13/01 ORDER: TRIAL ORD/TRIAL SCHED TO BEGIN 1]/26/01 @ 9:00 AM/SEE ORDER RCP(236)NOTICE MAILED TO ATTY RUDNITSKY ATTY BRANN DER CT ADMIN MOTION IN LIMINE FOR SANCTIONS BY ATTY RUDNITSKY ORDER: REG MOT IN LIMINE/HULE ISSUED UPON DEFS/ RET FOR ANS ONLY W/IN ].5 DAYS/SEE ORDER RCP(236)NOTICE MAII, ED TO ATTY RUDNiTSKY ATTY BRANN DEFS DER CT ADMIN AFFIDAVIT OF SERVICE BY ATTY RUDNITSKY 032,].1/20/01 033,11/20/01 034,]1/2]/0] 035,]]/29/01 036,].]/30/0] 037,11/29/01 038,11/29/01 039.11/30/01 ORDER: DEFS PRECLUDED FROM INTRODUCTION OF TESTIMONY (DF WITNESSES & EXHIBITS/SEE ORD RCP(236)NOTICE MAILED TO ATTY RUDNITSRY ATTY BRANN & DEE CT ADMIN PROPOSED FINDINGS OF FACT & CONCLUSIONS OF LAW OF PLT BY ATTY RUDNITS~Y ORDER: UPON STIP & AGREEMENT JUDGMENT IS ENTERED IN FAVOR OF PLT AGAINST DEF/SEE ORD RCP(236)NOTICE MAILED TO ATTY RUDNITSKI ATTY BRANN PLT & DEFS JUDG ENTERED IN FAVOR OF PLT NOT OF JUDG SENT (RCP236) TO DEFS GARY COLEMAN & NOBLE ENTERPRISES PRAE TO REINSTATE COMP BY ATTY RUDNITSKY $50,000.00 040,1]/30/01 COMPLAINT REINSTATED ISSUED 2 COPIES TO ATTY RUDNITSKY DATE 06/13/02 UNION COUNTY COURT SYSTEM TiME ]]:56 CASE INFORMATION CASES: 00-0748 TO 00-0748 CASE: 00--0748 (Cont'd) 041.]2/20/01 RETURN OF SERVICE BY DAVID A ROSE 042.0]/14/02 043.07/]7/02 044.0]/17/02 MOTION TO COMPEL ANS TO PLTS INTERROGATORIES & REQUEST FOR PRODUCTION OF DOCS BY ATTY RUDNITSKY ORDER: DEF COLEMAN TO ANS INTERROGATORIES FOR DISCOVERY W/IN 20 DAYS/SEE ORR RCP(236)NOTICE MAILED TO JUD SEC & 3 TO ATTY RUDNITSKY 045.0]/18/02 APPEARANCE OF ATTY MORRIS FOR DEE WILLIAM EAVAN 046.01/18/02 047.02/20/02 048.02/26/02 DEFENDANT'S ANSWER NEW MATTER CROSSCLAIM & COUNTERCLAIM (WILLIAM LAVAN) BY ATTY MORRIS PLAINTIFF'S REPLY TO NEW MATTER & COUNTERCLAIM BY ATTY RUDNITSKY CERTIFICATE OF SERVICE BY ATTY RUDNITSKY 049.02/23/02 050.03/07/02 05]..03/07/02 MOTION FOR SANCTIONS BY ATTY RUDNITSKY PURSUANT TO PA RCP 4019A&C RULE RETURNABLE EOR AMS 3/25/02 REGARDING MOT FOR SANCTIONS RCP(236)NOTICE MAILED TO JUD SEC & 2 TO ATTY RUDNITS~fY 052.03/]5/02 ~ERTIFICATE OF SERVICE BY ATTY RUDNITSKY 053.04/0]/02 054.0&/08/02 055.04/03/02 056.04/30/02 057.05/08/02 058.05/03/02 AFFIDAVIT OF FEES & COSTS IN PREPARATION OF MOT TO COMPEL & MOT POE SANCTIONS IN DISCOVERY ORDER: MOT FOR SANCTIONS GRNTD/HRG ~/]6/02 @ 9:~0 AM IN SNYDER CTY/SEE RCP(236)NOTICE MAILED TO ATTY RUDNITSffY ATTY RRANN ATTY MORRIS DEE CT ADMIN & GARY COLEMAN DEF MOT COMPEL AMS TO INTEROG ADDRESSED TO DEF WILLIAM LAVAN BY ATTY RUDNITSKY ORDER: REG MOT TO COMPEL/DEF LAVAN TO AMS PT,TS ]ST SET OF INTERROGATORIES W/IN 20 DAYS PCP(236)NOTICE MAILED TO ,IUD SEC & 3 TO ATTY RUDNITS~Y 059.05/]7/02 060.05/17/02 06~.05/2~/02 062.05/21/02 063,05/23/02 ORDER: DEF TO PAY CNSL FOR PLT W/IN 7 DYS & PROVIDE TAX RETURNS/SEE ORD RCP(236)NOTICE MAILED TO ATTY RUDNITSEY ATTY BRANN PLT & DEFS STATUS ORD ANTIC TEL DUE 4TN QUART/02 VOiR DIRE ]~/12/02 P/ T COMP ],0/]6/02 @ 2 PM IN SNYDER CO SEE ORDER RCP(236)NOTICE MAILED TO ATTS RUDNITSKY BRANN MORRIS PI,T DEFS DEP CT ADMIN JUD SEC CERTTEICATE OF SERVICE nY ATTY RUDNITSKY END CASE: 00-0748 63 Erltcie~ lr] l~-] TOTAE DOCKET ENTRIES: ............ TOT~[, cOU~,T OF ~S~S: IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY DAVID E. IDDINGS, Plaintiff VS. NOBLE HOUSE ENTERPRISES, GARY COLEMAN and WILLIAM LaVAN, Defendant NO. CIVIL ACTION - LAW JUDGMENT CERTIFICATION OF JUDGMENT Marvin J. Rudnitsky; Esquire, attorney for plaintiff, David E. Iddings, certifies that the judgment entered against defendants, Gary Coleman and Noble House Enterprises, is in the amount of $50,000.00 plus interest from September 2, 2000 BY: MA_R~VIN J7 R[JD~I'S~, E~UIRE ATTORNEY NO. 0~158 ATTORNEY FOR PLA~TIFF 9 Courtyard Offices Suite 130, Routes 11 & 15 Selinsgrove, PA 17870 (570) 743-2333 ANGELA HYKES, Plaintiff WILLIAMS GROVE AMUSEMENT, INC., and WILLIAMS GROVE, INC., d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION o LAW : : NO. 01-2992 Civil ; DEFENDANTS' pBEI,IMINARY OBJECTION TO PLAINTIFF'S COMPLAINT NOW COMES Defendants Williams Grove Amusemem, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park by its attorneys, Shumaker Williams, P.C., to make the following Preliminary Objection, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), to the Plaintiff's Complaint: 1. In Count I of Plaintiff's Complaint, she purports to state a cause of action for "Respondeat Superior" and seeks damages in an amount in excess of $25,000. 2. In Count II of Plaintiff' s Complaint, she purports to state a cause of action lot"False Imprisonment" and seeks damages in an amount in excess of $25,000. 3. In Count III of Plaintiff' s Complaint, she purports to state a cause of action for "Negligent Infliction of Emotional Distress" and seeks damages in an amount in excess of $25,000. 4. In Count IV of Plaintiff's Complaint, she purports to state a cause of action for "Intentional Infliction of Emotional Distress" and seeks damages in an amount in excess of $25,000. 5. In Count V of Plaintiff's Complaint, she purports to state a cause of action for "Assault and Battery" and seeks damages in an amount in excess of $25,000. 6. In Count VI ofPlaintiW s Complaint, she purports to state a cause of action for "Gross Negligence/Outrageous Conduct" and seeks compensatory and punitive damages in an amount in excess of $25,000. 7. Essentially, Plaintiff's claims in Counts I through VI are premised on an investigation that Defendants conducted, including examination of Plaintiff, when they suspected that Plaintiff stole money while selling tickets as an employee of Defendants. 8. Plaintiff claims that she was injured by this investigation. 9. Thus, Plaintiff alleges that she was injured by the negligent and/or intentional acts of her employer, Defendants, and/or its employees. 10. Plaintiff has failed to state any valid cause of action in Counts I through VI because the Pennsylvania Workmen s Compensation Act ("PWCA) prowdes the exclusive remedy against an employer for injuries occurring within the course and scope of employment. 77 Pa.C.S.A. §481(a). 11. Thelegai immunity which is aff°rded t° empl°yers under the PWCA extends n°t °nly to acts of negligence, but also to claims based on intentional, wanton, and willful misconduct. 12. Furthermore, as a result of the PWCA, an employer cannot be held directly or vicariously liable to a plaintiff for any harm caused by the acts of its employees, regardless of whether the conduct was intentional or negligent. 13. Accordingly, the PWCA bars PlaintiWs claims of "Respondeat Superior," "False Imprisonment," "Negligent Infliction of Emotional Distress," "Intentional Infliction of Emotional Distress," "Assault and Battery," and "Gross Negligence/Outrageous Conduct." WHEREFORE, Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement Park respectfully request that, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), this Honorable Court sustain its Preliminary Objection to Counts ! through VI on the basis that such Counts are legally insufficient. :144625 David R. Breschi, I.D. #59001 Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendants CERTIFICATE OF SERVICE I, David R. Breschi, Esquire, of the law fimi of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Defendants' Preliminary Objection to Plaintiff's Complaint on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Gregory M. Feather, Esquire HANDLER, HENNING & ROSENBERG, LLP P.O. Box 60337 Harrisburg, PA 17106 Dated: By SHUMAKER WILLIAMS, P.C. P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 (~st be tTpe~tte~ ~d su~ ~n duplicate) TO THE PROTHONOTARY OF CTJ~BI~-RLAHD COUNTY.* Plebe L~st the ~ mtt~ f~ ~ ~T~ON OF WTI.LIAMS GROVE, INC., d/b/a WILLIAMS (P3~n~Lff) (nnfez~k=l~) 'N~. 01 CiV~l 2992 2002 S~ate mat~er to te argue~ (i.e., pLA~_'~+_44'~'S m~tio~ f~ ~ t~al, ~ef~nck~t's ~ to c~p2a~nt, DefeDd~nts' Preliminary Objections to Plaintiff's Gcmplaint (n} fox~ ~lA{~tiff: (b) for Address: David R. Breschi and Melissa A. Swauger Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA 17108 Gregory M. Feather HANDLRR, H~NING & ROSfNBERG P.O. Box 60337 Harrisburg, PA 17106 4. AL~]me~t ~ ])Rte: July 24, 2002 DBte~: 7/5/02 for Defendants IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY DAVID IDDINGS, Plaintiff VS. NOBLEHOUSE ENTERPRISES, GARY COLEMAN and WILLIAM LAVAN, Defendants NO. 02-2992 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT To the Prothonotary: Please mark the above-captioned matter settled, satisfied, and discontinued with prejudice. ~:~i~ L.L.P. · MARVII~J. RUDNITS/KY, ESQUIRE ATTORNEY NO. 05~8 ATTORNEY FOR PLAINTIFF 9 Courtyard Offices Suite 130, Routes 11 & 15 Selinsgrove, PA 17870 (570) 743-2333