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HomeMy WebLinkAbout94-04094 I. FACTS AS TO LIABILITYt This matter arises out of an alleged slip and fall by Plaintiff Jenny Georghalli in the parking lot of Gullifty's. This alleged incident occurred on August 30, 1992, when Mrs. Georghalli was exiting the Gullifty's restaurant and was walking to the vehicle owned by Gretchen Wedge, While the two women were talking, Mrs. Georghalli, who apparently was not watching where she was going, allegedly lost her balance, and then tripped over a manhole cover. Plaintiffs alleged that this caused them to incur injuries, as set forth in their Complaint. Defendants filed Answers with New Matter to Plaintiffs' Complaint, therein denying all allegations of negligence, and setting forth that Plaintiffs' damages were caused by Plaintiff Jenny Georghalli herself. Written discovery has been exchanged by the parties. Depositions of the Plaintiffs were conducted on June 28, 1995. Depositions of Thaddeus G. Eisenhower and Gretchen Wedge were conducted on August 30, 1995. The deposition of a representative of Smarsh Chiropractic is scheduled for November 7, 1995. The deposition of Dr, Momin is scheduled for November 9, 1995. II. fl'r..'.tS....liS TO DAMAGES: The damages portion is to be submitted by the Plaintiff. Defendants Heartland Properties specifically deny each and every item of damages claimed by the Plaintiffs. Defendants Heartland Properties hereby dispute that they have any liability to , . Plaintiffs for the injuries andlor damages alleged by them. Defendants assert that it was due to Plaintiffs own negligence that Plaintiffs have incurred any injuries, if at all, (rom the incident on August 30, 1992. III. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES~ Counsel for Defendants Heartland Properties anticipates that the following legal issues will be presented: 1. Whether Plaintiff's contributory negligence, which is greater than 51 percent, bars Plaintiffs from recovery? [Suggested Answer: Yesl 2. Whether Defendants under the circumstances Complaint? [Suggested Answer: Heartland Properties were negligent alleged by Plaintiffs in their No] 3. Whether, assuming Defendants' negligence, the same being expressly denied, have Plaintiffs suffered compensable injuries? [Suggested Answer: No] IV. ISSUES TO BE RESOLV~ Defendants do not anticipate any unusual, or evidentiary problems to be resolved prior to trial. V. WITNESSES: 1. Plaintiffs, Jenny and George Georghalli; 2. Thaddeus G. Eisenhower; 3. Representative from Heartland Propertias Limited Partnership; -3- 4. All doctors from whom Mrs. Georghalli sought treatment and/or Records Custodians therefore; 5. In particular, Dr. Smarsh from Smarsh Chiropractic; 6. In particular, Dr. Momin; 7. Gretchen Welge; 8. Any witness identified in any discovery exchanged between the parties; and 9. Any witness listed on any other party's pre-trial rr ,:andum. Defendants Heartland Properties reserves the right to supplement before trial. VI. IDllilSITS: 1. All medical records of the Plaintiff, Jenny Georghalli; 2. Photographs of the site of the alleged incident; 3. All documents provided in r~sponse to discovery; and 4. All documents listed in any other parties' pre-trial memorandum. VII. SPECIAL REOUEST: Counsel for Defendants Heartland Properties has no special request at this time. -4- CIRTI'ICATI 0' SIRVICI I, Timothy J. McMahon, hereby certify that a true and correct copy of the Pre-Trial Memorandum in the above-captioned matter was served upon the following by depositing the same within the custody of the United States Post Office, first class, postage pre-paid on October llo , 1995 addressed tOt W. Scott Henning, Esquire HANDLER & WIENER 319 Market Street P . O. Box 11 77 Harrisburg, PA 17108 ATTORNEY POR PLAINTIPPS Stephen Geduldig, Esquire THOMAS, THOMAS & HAFER 305 N. Front Street Harrisburg, PA 17101 ATTORNEYS POR CO-DEPINDANTS, GULLIPTY'S AND CEDAR CLIPP INN TIM T Y 100 Pine P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9323 I.D. No, 52918 Date: }b 11.1/1 (( S- ATTORNEY POR DEPENDANTS HEARTLAND PROPIRTIIS LIMITED PARTNERSHIP 'i -6- > " , JENNY GEORGHALLI and I IN THE COURT OF COMMON PLEAS GZORGZ GZORGHALLI, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs I I NO. 94-4094 v. : I CIVIL ACTION - LAW GULLIFTY'S RESTAURANTS, INC., : CEDAR CLIFF INN, INC., dlbla : GULLIFTY'S, HEARTLAND PROPERTIESI LIMITED PARTNERSHIP, WILLIAM R. : DIMZLING, RICHARD R. SCHREIBER : and STEVEN G. PARK, Individually: JURY TRIAL DEMANDED and d/b/a DIMELING, SCHREIBER and PARK, GENERAL PARTNER OF HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants 'RA.CI'. POR IKTRY OP APPIARANCI "0 "B. 'RO'1'BOIlO'1'UY I Please enter the appearance of Stephen E. Geduldig, Esquire and Thomas, Thomas' Hafer as attorneys for Defendants GUllifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a GUllifty's in the above matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. "BOMAI, THOMAI , HAP.R , .';, I' [' (': . .. I I ,'" ,,,,..) By: ,'..' Stephen E. Geduldig, Esquire I.D. No. 43530 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 Dated I August 8, 1994 Attorneys for Defendants, Gullifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a Gullifty's , ., , Jenny Georghalli and George Georghalli, her husband In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-4094 Civil Term Complaint in Civil Action Law and Notice Vrs Gullifty's Restaurants, Inc. Cedar Cliff Inn Inc. d/b/a Gullifty'sf Heartland Properties Limited partnershipf William R. Deimlingr Richard R. Schreiber and Steven G. Park, i/a/d/b Dimeling, Schrieber and Park General Partner of Heartland Properties Liwited Partnership R. Thomas Kline Sheriff who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants to wit: Gullifty's Restaurants, Inc., but was unable to locate them in his bailiwick. He therefore deputized the sheriff of Centre County to serve the within Complaint in Civil Action Law and Notice according to law. CENTRE COUNTY:Now, July 27, 1994 at 2:00 o'clock P.M. served the within Complaint in Civil Action Notice upon GUllifty's Restaurants, Inc. at 936 East College Avenue, State College, Centre County, PA by handing to Lewis G. Kamin, Controller a true and attested copy of the original Complaint in Civil Action and Notice and made known unto him the contents thereof. So answers: Jeffrey A.Koret Chief Deputy Centre County Centre County return is hereto attached. Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on July 27, 1994 at 11:00 A.M.E.D.S.T., he served a true copy of Complaint in Civil Action Law and Notice, in the above entitled action upon oneof the within named defendants to wit: Cedar Cliff Inn, Inc, d/b/a GUllifty's, by making known unto Jan Freedman, Secretary/Hostess at Cedar Cliff Inn, Inc. d/b/a GUllifty's 1104 Carlisle Road, camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff who being duly sworn according to law, says he diligent search and inquiry for the within named defendants to wit: Heartland Properties Limited partnership, William R. Dimeling, Richard R. Schreiber and Steven G. Park, individually and d/b/a Dimeling, Schrieber and Park, General Partner of Heartland Properties Limited Partnership. but was unable to locate them in his bailiwick. He therefore deputized the sheriff of Philadelphia County to serve the within Complaint in Civil Action Law and Notice according to law. PHILADELPHIA COUNTY RETURN: NOT FOUND as to Heartland Properties etal, the above named defendant, within the county of Philadelphia, State of Pennsylvania, as of B/17 1994. So answers: John D. Green Sheriff Philadelphia County return is hereto attached. So answers: .)/;,~~'''-'/7/1;:f R. Thomas Kline, Sheriff By Deputy Sheriff Sheriff's Costsl Docketing Service Surcharge Out of County Centre County Phi1a county 34.00 7,84 12.00 10.00 23.20 119.00 $ 206,04 pd. by atty 8-24-94 Sworn and Subscribed To Before Me This ~(1,$.- 1994, A.D. Day of() r "- L... ?:df'.J'~' v I Prothonotary , ' " ' , , , ' ,I' J~ ' Ii .it I , ~I '.. , Ij.',tJi' , ' ,!'4," IHIRI"'I RETURN - NOT 'OUNO ! ")3.( i.. " _ L'I/ :.') pI 7; .-- / IJ ". ( J(J -I.,'() {C,1./Y,c COMMON PL E AS NO. COUNTY ':OURT VERSUS Z II /7('6)1' -~ ( (l~l/ I,,-,r~ ", 'I ' ' ''I,.; ,d ft., /( '-Y'-Iv,l. ,r.1 I.f." , , , TI! RM, " NO, NOT FOUND as to li'r.1. 2 ((~, ,(('" ./ / / )( ,/" .I.t.~ , /,1.. ;) . the above named "r/'l ' I''; defendant. Yiithin the County of PhilAdelphia, State of PennMylvanil\, all of 19QL. So anllYiers. n.llIIR", 12/87) 8)'1 " JOliN D. G EEN'/'ZF. ~Fl\0/ 1 (. ,'I / ,(. ,.-:;; \),. / -,' _/ \ n,(p~r{ 566",1 , ' I I, " '" .' fl. 1 , , #I t, .. . ... .........".".. .. '. ..~~.~_......~.........'---.,.-...",........... .....,.~..,...,...,..,' '." ,'. . In 'fne> Court cT C.::mmO:1 Ple::::s of C:;r.::::.:IC'\:nd C.:.:r.::;~',/, ?annsylvc::nlo Jenny Georghalli and George Georghalli, her husband 'lS. William R. Dimeling, ija/d/b/a Dimeling, schreiber and Park, General Partner of Heartland Properties Limited ~o~rtllershiP J4-4094. Civil..!!!!!,n ::__ ~ow, Julv 25. 1994 ~9---. I. SEZPb'F O? C~t:;~.!..A.'lD COL~':'? ~~ co h=-..by cic;:u= c!:c Sh='..:i 0/ philadelphia ~ C:l=ty to c::=te :!:.is W:!:, =:s C:puc= l:6( ",":. U == ~ :.:d :iU ci :.he ::n.l_=. 1~~-~~ S4~~ ot S::=ul.u:d C~WllT. ":I. Aiiida.vit of Seme= ~OW, ~~ .. o'dea ~L 1C'.'C'i , .. === ~r.!:!n ".lpoa :Ie ':y :..:u:ciliJ.; :0 a. C::!'Y ci :=.= o::~ " :md -~~. lc:owtI :0 ' . :=.= .:::.t::::S ':.~::=L So =w=. ~./ eo"".,. ~:. SWCl': me r.:i::sc:-:",oed bc::'cre , , ~-' =::.::.:.s_~,"!o: ~g- COSTS Suv'1CZ ~au:.-\.GC: ,-\::IDA'vlr _ s --~--. s .......... ," . '. ~~.~_,,_~,,".Ioo'__'~.~...........-....,.,. '.' .... ,', In The Court cT C.:;mmC:1 Ple:s of C:Jr.::"-:,"tco!:nd C:.:)l.':~~'Y/ ?snnsylvQni:::: Jenny Georghalli an~'sGeorge Georghalli, her husband I. Richard R. Schreiber, ildlbla Dimeling, Schreiber and Park, General Partner of Heartland Properties Limited Partnership 'i il ~o. 94-~094 C v Te~ :?__ ~ow, Julv 25. 1994 :9_ r. S;.--=-W::- 0: C~G:E:i'.!.A.'fD COt.~'rY. ?A., c!o b=-..!ly dc;:uC:: c!:.: Sh='.:i 01 Philadelphia C:lu:ry :0 =14 :!:is W:,!:, ::s c--puc::.ou l:=l:1r =:Lli: u :!:.= ~ ::::d :!sk of t!:: ?'.:-a. r~~~~ SDL~ at SIlCbut.u:d C~WlI7. h, Affida.vit or Sem== ~ow, ~9 , .. o.:.!ca ~[, Ic::".-= :::e ~c.fD -Jpa.a -- ~t by :::U:cii:q :.0 ... t::py oi :;:e o:-:~ .- md -'!I":. i=wu :0 :.::.: ' . .:::te:.:3 :'~::::l. So ar.sWe:::"3, Shc'.:i' 0/ eo.....,.. ;>:1. =:~_Qyoi t9_ COSTS SE..1.v"ICZ ~au..-\GC: .-\.::wA "n.. oS Swcr::. me! r~i::sc:-:cd bCc:re ~--- s .'... '. ~~~""__~,'''.Io.''__'''''_'........................~,,..,..,., '," ,'. . In "ne Court cT C::mmO:1 plec:s 01 C:Jr.::;;~IC'I=nd ',::u:-;~'Y, ?anr:sylvr::nl= Jenny Georghalli and George Georghalli, her husband 'IS. Steven G. Park, i/d/b/a Uimeling, Schreiber and Park, General Partner of Heartland Properties L:imited par~9.Arship 94:4094 civil 'l'~ :~__ ~ow, Julv 25. 1994 :9---. !. S:.:-:Rb:;- OF C~[3::::?"!'A."ID CO'C.~'r? .?A., co h=-~ cic?u= c.:., Sl=l.H 01 Philadelphia c,u:cr to =.1tC :!:is W::; :!::.s C:puc:iDu l:eb{ =.c!: u :!:: ::qu=t :.:d :l.Jk of :!:: ?":-::i. r~-<<~ Sle..,:r at S~ul.:Lcd C~Il:~, :PII. ASda.vit of Sem~ ~ow, 19 .- o'dea ~[, I=-.~ , .- :.:= ~~ '.1FOl1 ~I br ~~ :0 J. C':?Y oi :::: o:-:;-::.:JJ ," 1l:ld _!2"'" bawn :0 ' . :.::.e .:::te::s ':.":::::t. So:l.::.SW~ Shdd' 0/ CO....rr. l'~ 3we.-: ;me! r.:i:s.:-:bd !::e:'c~ =: :::is_ .:.:.:-- "i __ ~9_ COSTS S:<::~Y'1C:Z ~m.:::.~.G;:: A::IDr\...." s --~--_. s JENNY GEORGHALLI and GEORGE GEORGHALLI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. GULLIFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC. d/b/a GULLlFTY'S, HEARTLAND PROPERTIES LIMITED PARTNERSHIP, WILLIAM R, DIMELlNG, RICHARD R. SCHREIBER and STEVEN G. PARK, Individually and d/b/a DIMELING, SCHREIBER and PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, NO. 94-4094 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PLAINTIFFS' PRETRIAL MEMORANDUM A. STATEMENT OF FACTS AS TO LIABILITY: On August 30, 1992, Plaintiff, Jenny Georghalli and her friend, Gretchen Welge went to Gullifty's Restaurant itthe Cedar Cliff Mall for dinner. As Jenny Georghalli and Mrs. Welge were leaving the restaurant and walking across the perking lot, Plaintiff Jenny Georghalll was caused to trip and fall harshly to the mecadam parking lot as the result of the uneven, cracked nature of the macadsm parking lot, including depressions or hollows and e manhole cover that protruded above the surface of the parking lot. MI. Georghlllll lufferlld IIbrallons IInd IlIcerlltlons to hllr knees end II streln/spraln Injury to her lumbar spine. B. STATEMENT OF FACTS AS TO DAMAGES: As e result of this Incident, Plelntlff suffered ebraslons and lacaratlons to her knoes and a lumbar strain/sprain for which she has undergone a courss of mediclIl treatment with Dr. Smarsh Chiropractic Office, various doct.ors at the Mechanlcsburg Rahab (Health South), Including Dr. Momln. During the lest year Dr. Momln has been periodically administering epidural steroid Injections to Plaintiff's lumbar spine to allavlate her pain and control her symptoms. Although Plaintiff Jenny Georghalll was not employed outside the home at the time of the injury, she did maintain the marital household and performed all of the normalities such as cleaning, laundry, working, shopping associated with household actlvitlas. Plaintiff's activities have been substantially restricted, at times more so than others, In performing these activities. Similarly her leisure, social, hobby snd marital activities have been hampered. The medical bills Incurred by Plaintiffs Jenny and George Georghalll are In excess of $12,000.00 to date and continue to be Increased. Plaintiff, George Georghalli has suffered a loss of consortium from his wife end has suffered an economic loss In his own right. Plaintiff Jenny Georghalll has suffered pain, humiliation, embarrassment, and a loss of lifa's pleasures and a claim Is made therefore. 2 F. SCHEDULE OF EXHIBITS: 1 . Medical bills for Jenny Georghallli 2. Photogrllphs of Incident scene - parking lot. G. ESTIMATED NUMBER OF TRIAL DAYS: Plaintiffs estimate that they will need two (2) trial days to presant this cese to , a Jury. Respectfully Submlttad, HANDLER AND WIENER Dete: 10\;)\,)\"5 By JI ~l'(ctt '!l-rT1No19 Ibdj W. Scott Henning, Esq. 1.0. #32298 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorney for Plaintiffs 4 JENNY GEORGHALLI end GEORGE GEORGHALLI, her husbend, Plaintiffs v. GULLlFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC. d/b/e GULLlFTY'S, HEARTLAND PROPERTIES LIMITED PARTNERSHIP, WILLIAM R. DIMELlNG, RICHARD R. SCHREIBER and STEVEN G. PARK, Individually end d/b/e DIMELlNG, SCHREIBER end PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. , NO. L\Y - LJo~Lj (:\1,1 -'t r fY\ CIVIL ACTION. LAW JURY TRIAL DEMANDED 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 end filing In writing with the Court your defenses or objections to the claims set forth against you. You are warned that If you fall to do so the case may proceed without you end a judgment may be entered against you by the court without further notice for eny 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 Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 .JfANQ~_ER AND WIENER '- --.....,.... By ;/ W. Sc 1.0. 2298 319 Market. re P,O, '1177 Harrisburg, P 17108 (717) 234-,8031 Attorney for Plaintiffs TRUE COpy FROM RECORD Il'!ir.~t1mony wher9Ol. I hore 11010 set my t\arld ::..,J \~;Q s",,1 aI sal(l Court at Carlisle, f'a. "IiIS~,day OL!J?C~ 1 . lL2L _Y.LIf.:u'JJ1, '1'1 , /-. Prothonotary 3. Defendant, Gulllfty's Restaurants, Inc" Is a Pennsylvania corporation maintaining an office and place of business located at 117 Heister Stl'eet, P.O. Box 48, State College, Centre County, Pennsylvania. 4, Defendant, Cedar Cliff Inn, Inc, Is a Pennsylvania corporation that does business by the name of Gulllfty's and who maintains an office and place of business located at 1104 Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 5, Defendant, Heartland Properties L1rnlted Partnership, Is a general partnership who maintains an office and place of business located at 1631 Locust Street, Second Floor, Philadelphia, Philadelphia County, Pennsylvania, and which lists Dlmellng, Schreiber and Park and as Its General Partner, which Is a registered fictitious name Indicating William R. Dlmellng, Richard R. Schreiber and Steven G. Park, as Its principals. 6, At all times materiel I to this action, Plaintiff, Jenny Georghalll, was a business Invitee and/or IIconsee at the premises known as the Cedar Cliff Mall, located along Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 7. Heartland Properties Limited Partnership was the owner and in exclusive management and control of the premises known as Lilli Cedar Cliff Mall, 8. Cedar Cliff Inn, Inc. is the owner of Gullifty's Restaurant and/or Gulllfty's Restaurant, Inc., which Is located at 1104 Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 9, On or about August 30, 1992 at about 7:50 p,m,. Plaintiff, Jenny Georghalll exited Gullifty's Restaurant located In the Cedar Cliff Mall and was walking -2- I' cover; (cl In failing to give warning of the dangerous condition posed by the saverely uneven, cracked end deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In failing to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 13. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalll, sustained serious InJuries, Including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered I I I I ,I ! , and probably will In the future continue to suffer pain and agony, to her greet detriment and loss. 14. As a result of Defendant's negligence, Plaintiff has been end probably will In the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment, 15. As a result of Defendant's negligence, Plaintiff, Jenny Georghalli, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an Indefinite period of time In the future, to her great detrlmant and loss, physically, emotionally and financially. 16. Plaintiff, Jenny Georghalll, believes and therefore avers that her injuries are permanent In nature. 17. As a result of Defendant's negligence, Plaintiff, Jenny Gaorghalll, has -4- (b) In failing to make a reasonable Ins paction of the parking lot which would hava ravealed the existence of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In falling to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 21. As a direct result of Defendant's negligence. Plaintiff. Jenny Georghalll. sustained serious InJuries. Including but not limited to a lumbar strain. Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she hes suffered and probably will In the future continue to suffer pain and agony. to her great detriment and loss. 22. As a result of Defendant's negligence, Plaintiff has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment. loss, humiliation and embarrassment, 23, As a result of Defendant's negligence. Plaintiff, Jenny Georghalll, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an Indefinite period of time in the future. to her great detriment and loss, physically, emotionally and financially. -6- 24. Plaintiff, Jenny Georghalll, believes and therefore avers that her Injuries ere permanent In nature. 25. As e result of Defendant's negligence, Plaintiff, Jenny Georghalll, has been compelled, In order to effect a cure of the aforesaid InJuries, to expend large sums of money for medical treatment and attention and believes that she will continue to be required to expend additional sums for medical treatment In the future, to her detriment and financial loss. WHEREFORE, Plaintiff, Jenny Georghalll, seeks damages from Defendant, Cedar Cliff Inn, Inc. d/b/a Gulllfty's, In an amount In excess of Twenty Thousand ($20,000.00) Dollars an amount In excess of the compulsory arbitration limit and demands trial by Jury. COUNT III JENNY GEORGHALLI v. HEARTLAND PROPERTIES LIMITED PARTNERSHIP. wiLL:A~~, ~~LEL:GN RICHARD R. SCHREIBER AND STEVEN G. PARK. ~N~lp~R-:;;LR ~F'~ ~:~~ DIMELlNG, SCHReiBER AND PARK. GENE ATE E Aj.,:JD PROPERTIES LIMITED PARTNERSHIP 26. Plaintiff, Jenny Georghalll, Incorporates and makes a part of this Count Paragraphs 1 through 25 of this Complaint as If fully set forth. 27. As a direct and proximate result of the negligence of Defendant, Heartland Properties limited Partnership, et al. Plaintiff Jenny Georghalli suffered serious bodily Injury, which will hereinafter be more fully described. 28. The occurrence of the aforesaid accident and the injuries to Plaintiff. Jenny Georghalll, were caused directly and proximately by the negligence of Defendant, Heartland Properties Limited Partnership. generally and more specifically as set forth below: -7- (al In causing or permitting the parking lot at the Cedar Cliff Mall to become save rely uneven, cracked end deteriorated and with a protruding manhole cover, thereby posing an unreasonable risk of Injury to Plaintiff and other persons lawfully upon the premises; (b) In failing to make a reasonable Inspection of the parking lot which would have revealed the existence of the dangerous condition posed by tha severely uneven, cracked and deteriorated parking lot and protruding manhole cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In falling to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In failing to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 29. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalll, sustained serious InJuries, Including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss, 30. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment, -8- , . I verify that the stetements made In this Complaint era true and correct to the best of my knowledge, Information and belief. I understand that false statements made herein are subject to the panaltles of 18 Pe.C.S.14904 reletlng to unsworn falsification to authorities. Date ~ tI- , , I ., I , , ' 'I' -12- JENNY GEORGHALLI and GEORGE GEORGHALLI, her husband, Plaintiffs v. GULLIFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC. d/b/a GULLIFTY'S, HEARTLAND PROPERTIES LIMITED PARTNERSHIP, WILLIAM R. DIMELlNG, RICHARD R. SCHREIBER and STEVEN G. PARK, Individually and d/b/a DIMELlNG, SCHREIBER and PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, . NO. CJQ-4ogl( CIVIL ACTION. LAW JURY TRIAL DEMANDED ('(\1.1 ~rflln 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 agalnGt you. You are warned that If you fall 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 Court Administrator Fourth Floor Cumberland County Courthouse Carlisle. PA 17013 Telephone (717) 240-6200 H~d~~.eJ~ER By -. -- ~ ' W. Sc t In 1.0. #32298 319 Market P.O. Box 7 Harrisburg, PiA 17108 (717) 234.8031 Attorney for Plaintiffs TRUt! COpy FROM nEGCnO II'! Ttstlmor.y wherlOt, I I1;,r. wotu set my hind !l~d the :.;tl31 at Milj Goorf at '~;lrllsle, ~. 11)IL~(~.dilY (\L~(~, 191Y 9-J~ ' "J, 7r, ~ -LLi~. J,jJI{J .....e;...." Prolhonotary 3. Defendant, Gulllfty's Restaurants, Inc., Is a Pennsylvania corporation maintaining an office and place of business located at 117 Heister Street, P.O. Box 4B, State College, Centre County, Pennsylvania. 4. Oefendent, Cedar Cliff Inn, Inc. Is a Pennsylvania corporation that does buslnass by tha name of Gulllfty's and who maintains an office and place of buslnass located at 1104 Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 5. Defendant, Heartland Properties Limited Partnarship, Is a general partnership who maintains an office and place of business located at 1631 Locust Street, Second Floor, Philadelphia, Philadelphia County, Pennsylvania, and which lists Dlmellng, Schreiber and Park and as Its General Partner. which Is a registered fictitious name Indicating William R. Dlmellng, Richard R. Schreiber and Steven G. Park, as Its principals. 6. At all times material to this action, Plaintiff, Jenny Georghalll. was a business Invitee and/or licensee at the premises known as the Cedar Cliff Mall, located along Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 7. Heartland Properties limited Partnership was the owner and In exclusive management and control of the premises known as the Cedar Cliff Mall. 8. Cedar Cliff Inn, Inc. is the owner of Gulllfty's Restaurant and/or Gulllfty's Restaurant, Inc., which Is located at 1104 Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 9. On or about August 30, 1992 at about 7:50 p.m., Plaintiff, Jenny Georghalli exited Gullifty's Restaurant located In the Cedar Cliff Mall and was walking -2- cover; (c) In falling to give warning of the dangerous condition posed by the severely uneven, crecked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (dl In falling to repair the uneven, cracked and datarlorated parking lot and the protruding manhole cover. 13. As a direct result of Defendant's negligence. Plaintiff, Jenny Georghalll, sustained serious Injuries, Including but not limited to e lumber strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss. 14. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment. 16. As a result of Defendant's negligence, Plaintiff, Jenny Georghalll, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an Indefinite period of time In the future, to her great detriment and loss, physically, emotionally and financially. 1 \3. Plaintiff, Jenny Georghalll, believes and therefore avers that her Injuries are permanent In nature. 17. As a result of D9fendant's negligence, Plaintiff, Jenny Georghalli, has -4- been compelled, In order to effect ~ cure of the aforesaid Injuries, to expend lerge sums of money for medlcel treatment and attention and believes thet she will continue to be required to expand eddltlonal sums for medical treatment In the future, to her detriment end financial loss. WHEREFORE, Plaintiff, Jenny Georghalll, seeks damages from Defendant, Gulllfty's Resteurants, Inc., In an amount In excess of Twenty Thousand ($20,000.00) Dollars an amount In excess of the compulsory arbitration limit and demands trlel by jury. COUNT II JENNY GEORGHALLI v. CEDAR CLIFF INN. INC. d/b/a GULLlFTY'S 18. Plaintiff, Jenny Georghalll, Incorporates and makes a part of this Count Paragraphs 1 through 17 of this Complaint as If fully set forth. 19. As a direct and proximate result of the negligence of Defendant, Cedar Cliff Inn, Inc. d/b/a Gulllfty's, Plaintiff Jenny Georghalll suffered serious bodily injury, which will hereinafter be more fully described. 20. The occurrence of the aforesaid accident and the injuries to Plaintiff, Jenny Georghalli, were caused directly and proximately by the negligence of Defendant, Cedar Cliff Inn, Inc. d/b/a Gulllfty's, generally and more specifically as set forth below: (a) In causing or permitting the parking lot at the Cedar Cliff Mall to become severely uneven, cracked and deteriorated and with a protruding manhole cover, thereby posing an unreasonable risk of Injury to Plaintiff and other persons lawfully upon the premises; -5- (b) In failing to meke a reasonable Inspection of the parking lot which would have reveeled the existence of the dangerous condition posed by the severely uneven, cracked and deterloreted parking lot and protruding manhole cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In falling to repair the uneven, cracked end deteriorated parking lot and the protruding manhole cover. 21. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalil, sustained serious InJuries, Including but not limited to a lumbar strain, injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably wlli In the future continue to suffer pain and agony. to her great detriment and loss. 22. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment. 23. As a result of Defendant's negligence, Plaintiff, Jenny Georghalll, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time In the future, to her great detriment and loss, physically, emotionally and financially. -6- (e) In causing or permitting the perking lot at the Cedar Cliff Mall to become severely unaven, cracked and deteriorated end with a protruding manhole cover, thereby posing en unreasoneble risk of Injury to Plaintiff and other persons lawfully upon the premises; (b) In failing to make a reasonable Inspection of the parking lot which would heve revealed the existence of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In falling to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 29. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalll, sustained serious Injuries, including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss. 30. As a result of Defendant's negligence, Plaintiff has been and probably will In the fut'Jre be hindered from attending to her usual occupation and daily duties, to her great detriment, loss, humiliation and embarrassment. -8- 31. As a result of Defendant's negligence, Plelntlff, Jenny Georghalll, has undergone greet physlcel peln, discomfort and mental anguish and she will continue to endure the seme for en Indefinite period of time In the future, to her great detriment and loss, physically, emotionally and flnenclally. 32. Plaintiff, Jenny Georghalll, believes and therefore avers that her Injuries are permanent In nature. 33. As e result of Defendant's negligence, Plaintiff, Jenny Georghalll, has been compelled, In order to effect a cure of the aforesaid Injuries, to expend lerge sums of money for medical treatment and attention and believes that she will continue to be required to expend additional sums for medical treatment In the future, to her detriment and financial loss. WHEREFORE, Plaintiff, Jenny Georghalli, seeks damages from Defendant, Heartland Properties Limited Partnership, In an amount In excess of Twenty Tho'Jsand ($20,000.00) Dollars an amount In excess of the compulsory arbitration limit and demands trial by jury. COUNT I\( GEORGE GEORGHALLI v. GULLlFTY'S RESTAURANTS. INC.. et al. 34. Plaintiff, George Georghalll, Incorporates and makes a part of this Count paragraphs 1 through 33 of this Complaint as If fully set forth. 35. As a result of Defendant's negligence, carelessness, and/or recklessness, Plaintiff Jenny Georghalli has lost the companionship, society, and services, of her husband, Plaintiff Jenny Georghalll and a claim Is made therefore. WHEREFORE, Plaintiff George Georghalll demands judgment against the Iii , I' I' -9- JENNY GEORGHALLI and GEORGE GEORGHALLI, her husband, Plaintiffs v. GULLlFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC. d/b/a GULLIFTY'S, HEARTLAND PROPERTIES LIMITED PARTNERSHIP, WILLIAM R. DIMELlNG, RICHARD R. SCHREIBER and STEVEN G. PARK, Individually and d/b/e DIMELlNG, SCHREIBER and PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY . PENNSYLVANIA ' . NO. CJy.4oQL/ CIVil -l~(m CIVIL ACTION. LAW JURY TRIAL DEMANDED 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 ettorney and filing In writing with the Court your defenses or objections to the claims set forth against you. You are warned that If you fall 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 Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 H~DlER AN~~~~NER By , 0 j w. Sc tHen' , 1.0. #3 319 Market S et P.O, Box 1~ Harrisburg, PA 17108 (717) 234-8031 Attorney for Plaintiffs 'J'r." ,,-., -, . :',,/:" \J<.H" ,{ '. I.'''' , ' ',", ,." '. II i. \., ~lf; J '. f. '. ~, , , I ,,:;'J:'I~'," 1'1I111'('"'' " " ' .., i '. ",' " . ~, I).'~ lItlilJ <1II rrl~ I .. I I"~ :IIL :,f'~:fr ,. "~'r.' I ' " ai:!4J ~",. . !.J.I l,(x,!r, .11 '..rti!4e ~ ,,:.:.a.lI.l-,\l1'~'I\' M~~' 1/;' ._-(J..~_7/.!J ' ".tJ.!L.._ 71" .. '..J.", &'(""~ _ f1'l,i r t; ill)-r, ;("y-" .-- 3. Defendant, Gulllfty's Restaurants. Inc., Is a Pennsylvania corporation maintaining an office and place of business located at 117 Heister Street, P.O. Box 48, State College, Centre County, Pennsylvania. 4. Defendant, Cedar Cliff Inn, Inc. Is a Pennsylvania corporation that does business by the name of Gulllfty's and who maintains an office and place of business located at 1104 Carlisle Road, Camp Hili, Cumberland County, Pennsylvania. 5. Defendant, Heartland Properties Limited Partnership, Is a general partnership who maintains an office and place of business located at 1631 Locust Street, Second Floor, Philadelphia. Philadelphia County, Pennsylvania, and which lists Olmellng, Schreiber and Park and as Its General Partner, which Is a registered fictitious name Indicating William R. Olmellng, Richard R. Schreiber and Steven G. Park, as Its principals. 6, At all times material to this action, Plaintiff, Jenny Georghalll, was a business Invitee and/or licensee at the premises known as the Cedar Cliff Mall, located along Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 7. Heartland Properties Limited Partnership was the owner and In exclusive management and control of the premises known as the Cedar Cliff Mall. 8. Cedar Cliff Inn, Inc. is the owner of Gullifty's Restaurant and/or Gulllfty's Restaurant, Inc., which is located at 1104 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 9. On or about August 30, 1992 at about 7:50 p.m., Plaintiff, Jenny Georghalll exited Gullifty's Restaurant located in ,he Cedar Cliff Mall and was walking -2- cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In failing to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 13. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalli, sustained serious InJuries, Including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss. 14. As a result of Defendant's negligence, Plaintiff has been and probably will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment, loss, humiliation and embarrassment. 15. As a result of Defendant's negligence, Plaintiff, Jenny Georghalli, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an Indefinite period of time In the future. to her great detriment and loss, physically, emotionally and financially. 16. Plaintiff, Jenny Georghalli, believes and therefore avers that her injuries are permanent In natme. 17. As a result of Defendant's negligence. Plaintiff, Jenny Georghalll, has -4- (b) In falling to make a reasonable Inspection of the parking lot which would have revealed the existence of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding rnanl:1ole cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In failing to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 21. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalll, sustained serious Injuries, Including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss. 22. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and daily duties, to her great detriment, loss, humiliation and embarrassment. 23. As a result of Defendant's negligence, Plaintiff, Jenny Georghalll, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an Indefinite period of time In the future, to her great detriment and loss, physically, emotionally and financially. -6- (a) In causing or permitting the parking lot at the Ceder Cliff Mall to become severely uneven, cracked and deteriorated and with a protruding manhole cover, thereby posing an unreasonable risk of Injury to Plaintiff end other persons lawfully upon the premises; (b) In failing to make a reasonable Inspection of the parking lot which would have revealed the existence of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover; (c) In failing to give warning of the dangerous condition llosed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, in falllnlJ to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (d) In falling to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 29. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghalll, sustained serious Injuries, Including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss. 30. As a result of Defendant's negligence, Plaintiff has been and probably will in the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment. -8- . JENNY GEORGHALLI and GEORGE GEORGHALLI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. qq. II 0 ~ Ll - C' : Ii I I rj H m v. GULLlFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC. d/b/a GULLIFTY'S, HEARTLAND PROPERTIES LIMITED PARTNERSHIP, WILLIAM R. DIMELlNG, RICHARD R. SCHREIBER and STEVEN G. PARK, Individually and d/b/e DIMELlNG, SCHREIBER and PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NOTICE You have been sued In court. If you wish to defend egalnst the claims sat forth In tha 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 end filing In writing with the Court your defenses or objections to the claims set forth against you. You are warned that If you fall to do so the case may proceed without you end e Judgment may be entered against YOll 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 lost! 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. Trms COpy FROM HECORD III i CS1:i1l0Jl'J where<:ll. I here IItlto r.ct my h.r.d ~,:~d Itlll seal aI :;aiel Court al,c..rlisle. ~'d T*~;~ ~ay ~:: ~t.' 19.:1-1- - . ~r-~OlhOnOlary Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 KAND~~~~E_NE~ By c:. V W. Scott Hennln 1.0. #32298 319 Market treet P.O. Box, 177 Harrisburg, PA 17108 (717) 234-8031 Attorney for Plaintiffs 3. Defendant, Gulllfty's Restaurants, Inc., Is e Pennsylvanle corporation melntalnlng an office and piece of business loceted at 117 Heister Street, P.O. Box 48, Stete College, Centre County, Pennsylvenla. 4. Defendant, Ceder Cliff Inn, Inc. Is a Pennsylvania corporation that does business by the name of Gullifty's end who maintains en office and place of business located et 1104 Cerllsle Road, Camp Hili, Cumberland County, Pennsylvania. 5. Defendant, Heartland Properties Limited Partnership, Is a generel partnership who maintains an office and place of business located at 1631 Locust Street, Second Floor, Philadelphia, Philadelphia County, Pennsylvania, and which lists Dlmellng, Schreiber and ParI<. and as Its General Partner, which Is a registered fictitious name Indicating William R. Dlmellng, Richard R. Schreiber and Steven G. Park, as Its principals. 6. At all times material to this action, Plaintiff, Jenny Georghalll, was e business Invitee and/or licensee at the premises known as the Cedar Cliff Mall, located along Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 7. Heartland Properties Limited Partnership was the owner and In exclusive management and control of the premises known as the Cedar Cliff Mall. 8. Cedar Cliff Inn, Inc. is the oWller of Gullifty's Restaurant and/or Gulllfty's Restaurant, Inc., which Is located at 1104 Carlisle Road, Camp HIli, Cumberland County, Pennsylvania. 9. On or about August 30, 1992 at about 7:50 p,m., Plaintiff, Jenny Georghalll exited Gulllfty's Restaurant located in the Cedar Cliff Mall and was walking -2- cover; (cl In felling to give warning uf the dangerous condition posed by the saverely uneven, crecked end deteriorated perking lot and protruding menhole cover, In failing to erect barricades, or take any other safety preceutlons to pravent Injury to the Plaintiff and other patrons; (d) In failing to repair the uneven, cracked end deteriorated perking lot and the protruding manhole, cover. 13. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghelli, sustained serious Injuries, Including but not limited to a lumbar strain, Injury to her hip (pelvis), lacerations and bruiSing of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment end loss. 14. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and daily duties, to her great detriment, loss, humiliation and embarressment. 15. As a result of Defendant's negligence, Plaintiff, Jenny Georghalli, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the samE! for an Indefinite period of time In the future, to her great detriment and loss, physically, emotionally and financially. 16. Plaintiff, Jenny Georghalll, believes and therefore avers that her Injuries are permanent In nature. 17. As a result of Defendant's negligence, Plaintiff, Jenny Georghalll, has -4- (b) In felling to meke 8 reasonable Inspection of the parking lot which would have reveeled the existence of the dangerous condition posed by the severely uneven, crecked end deteriorated parking lot and protruding menhola cover; (cl In felling to give warning of the dangerous condition posed by the sevl. ":Iy uneven, crecked and deteriorated parking lot and protruding men hole cover, In felling to erect barricades, or take any other safety precautions to prevent Inlury to the Plaintiff and other patrons; (d) In failing to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 21. As e direct result of Defendant's negligence, Plaintiff, Jenny Georghalll, sustained serious Injuries, Including but not limited to a lumbar strain, injury to her hip (pelvis), lacerations and bruising of her knees and as a result thereof. she has suffered and probably will In the future continue to suffer pain and agony, to her great detriment and loss. 22. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment. 23. As a result of Defendant's negligence, Plaintiff, Jenny Georghalll, has undergone great physical pain. discomfort and mental anguish and she will continue to endure the same for an Indefinite period of time In the future, to her great detriment and loss, physically. emotionally and financially. -6- (a) In causing or permitting the parking lot et the Ceder Cliff Mell to become severely uneven, cracked and deteriorated and with a protruding manhole cover, thereby posing en unreasonable risk of Injury to Plaintiff and other persons lawfully upon the premises; lbl In failing to make a reesonable Inspection of the parking lot which would have revealed the existence of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover; (c) In failing to give warning of the dangerous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover, In failing to erect barricades, or take any other safety precautions to prevent Injury to the Plaintiff and other patrons; (dl In failing to repair the uneven, cracked and deteriorated parking lot and the protruding manhole cover. 29. As a direct result of Defendant's negligence, Plaintiff, Jenny Georghelll, sustained serious Injuries, Including but not limited to a lumbar strain, Injury to her hip (pelvlsl, lacerations and bruising of her knees and as a result thereof, she has suffered and probably will In the future continue to suffer pain and agony. to her great detriment and loss. 30. As a result of Defendant's negligence, Plaintiff has been and probably will In the future be hindered from attending to her usual occupation and dally duties, to her great detriment, loss, humiliation and embarrassment. -8- I, ....,l. a:: IIJ Z !!! 8 ~ ~ ~ e O~S~a S~iAI! ~ a:: i ~ ~ IIJ .. ..J i'i o Z .( J: ", .. .. ~ . '. ... v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 94-4094 : : CIVIL ACTION - LAW JENNY GEORGHALLI and GEORGE GEORGHALLI, Plaintitt. GULLIFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC., d/b/a GULLIFTY'S, HE~TLAND PROPERTIES: LIMITED PARTNERSHIP, WILLIAM R. : DIMELING, RICHARD R. SCHREIBER : and STEVEN G. PARK, Individually: JURY TRIAL DEMANDED and d/b/a DIMELING, SCHREIBER and PARK, GENERAL PARTNER OF HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants NOTICI TO PLIAD TO' RIUTLAND PROPIRTIIS LIMITID PUTHIRSRIP, WILLIAM R. DIMILIIIO, RICHARD R. SCHRIIBIR AND STIVIN G. PARK, INDIVIDUALLY AIID D/B/A DIMILING, SCRRIIBIR AND PUK, GINlRAL PARTNIR OW BIUTLAIID PROPIRTIIS LIMITID PUTNIRSRIP, DIWINDANTS, You are hereby notified to plead to the enclosed 2252(d) New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. THOKAS, TROKAS . RAWIR 'I By: -...,.f f. ~ '- stephen"E. Geduld re I.D. No'. 43530 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7617 Attorneys for Defendants, Gullifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a GuUifty's Dated: september 30, 1994 JENNY GEORGHALLI and GEORGE GEORGHALLI, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4094 v. CIVIL ACTION - LAW GULLIFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC., d/b/a GULLIFTY'S, HEARTLAND PROPERTIES: LIMITED PARTNERSHIP, WILLIAM R. : DIMELING, RICHARD R. SCHREIBER : and STEVEN G. PARK, Individually: JURY TRIAL DEMANDED and d/b/a DIMELING, SCHREIBER : and PARK, GENERAL PARTNER OF HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants AMS.IR ~D HIW MATTIR OF DIFIHDAMT8, GULLIFTY'S RISTAURAMTS, IHC., CIDAR CLIFF 1MB, IHC. d/b/a GULLIFTY'S TO PLAINTIFFS' COMPLAINT WITH CROSS CLAIMS AND NOW, comes Defendants, GUllifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a GUllifty's, by and through their attorneys, Thomas, Thomas & Hafer, and respond to Plaintiffs' Complaint as follows: 1. Denied. 2. Denied. 3. Denied. It is believed that Gullifty's Restaurants, Inc. is no longer a functioning corporation. 4. Admitted. 5. Denied. 6. Denied. 7. Denied. 8. Denied. It i. admitted only that Cedar Clitt Inn Inc. trade. a. a re.taurant, GUllitty's, at the address stated. 9. Denied. COUll'l' I JIMMY GIORGBALLI v. GULLI.TY'8 RI8TAURANT8. IKC. 10. As this is a paragraph of incorporation, no response is required. 11. Denied. 12(a)-(d) . Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. WHEREFORE, Derendant., Gull itty I S Restaurants, Inc., Cedar Clift Inn, Inc., d/b/a GUllitty's, respectrully request. that judgment be entered in their ravor and against the Plaintirrs. COUll'l' II JIMMY G.ORGRALLI v. CIDAR CLI.. IMW, IKC. DIIIA GULLI.TY'8 18. A. this ie a paragraph or incorporation, no response is required. 19. Denied. -2- " 20(a)-(eS). oenieeS. 21. OenieeS. 22. OenieeS. 23. OenieeS. 24. OenieeS. 25. OenieeS. WHEREFORE, Defendants, GUllifty's Restaurants, Inc., CeeSar clift Inn, Inc., d/b/a GUllifty's, respectfully requests that judgment be entered in their favor and against the Plaintiffs. 26-33. COUMT III JIMMY GBORGKALLI v. HZARTLAMD PROPlaTIl1 LIKITID PARTHIR8HIP. IT AL. As these averments are directed to other than answering Defendants, no response is required. I, COUNT IV GEORGE GEORGHALLI v. GULLIFTY'S RESTAURANTS. INC.. ET AL. 34. As this is a paragraph of incorporation, no response is required. 35. Denied. WHEREFORE, Defendants, GUllifty's Restaurants, Inc., Cedar Clift Inn, Inc., d/b/a GUll1fty's, respectfully requests that judgment be entered in their favor and against the Plaintiffs. " I ! -3- ~ I " ... MATTIR 36. Defendants, GUllifty's Restaurants, Ino., Cedar Cliff Inn, Ino., d/b/a GUllifty's , inoorporate herein by referenoe, as if fully set forth at length, paragraphs 1 through 35 of their Answer to Plaintiffs' complaint. 37. Plaintiff was oomparatively negligent. 38. Plaintiffs' negligence caused and contributed to any alleged injuries or damages, denied as aforesaid. 39. Answering Defendants did not own, possess or control the location of plaintiff's alleged fall. 40. Plaintiffs' claims may be barred by the applicable statute of limitations. WHEREFORE, Defendants, GUllifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a GUllifty's, respectfully requests that judgment be entered in their favor and against the Plaintiffs. 22S2Cd) NIW KATTIR DIalCTID '1'0 DZ.IWDANT8 HIARTLAMD PROPlaTII8 LIMITID PARTNIRSHIP, WILLIAN R. DIMILINa, RICHARD R. 8CHRIIBIR a~d STIVI. a. PARK, Individually and d/b/a DIMILINa, SCHRIIBIR and PARK, alNlRAL PARTNIR O. HIARTLABD PROPIRTII8 LIMITID PART.laSHIP 41. Paragraphs 1-40, above, are incorporated herein by reference as if fully set forth at length. -4- 42. The factual averments of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth at length, without admission or adoption. 43. The liability on the part of GUllitty's Restaurants/ Inc., Cedar Cliff Inn, Inc., d/b/a OUllifty's, is specifically denied. 44. If the averments contained in the Plaintiffs' Complaint are established, said averments being specifically denied as they may relate to Gullifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a GUllifty's, then the injuries and damages complainod of were caused solely by the Defendants, Heartland Properties Limited Partnership, William R. Dimeling, Richard R. Schreiber and Steven G. Park, Individually and d/b/a Dimeling, Schreiber and Park, General Partner of Heartland Properties Limited partnership. 45. Defendants, Heartland Properties Limited Partnership, William R. Dimeling, Richard R. Schreiber and Steven G. Park, Individually and d/b/a Dimeling, Schreiber and Park, General Partner of Heartland Properties Limited Partnership, have been joined herein to protect GUllifty's Restaurants, Inc., Cedar Cliff Inn, Inc., d/b/a GUllifty's rights of indemnity and contribution, and GUllifty's Restaurants, Inc. / Cedar Cliff Inn, Inc., d/b/a GUllifty's avers that the above-said Defendants are alone liable to the Plaintiffs, or in the alternative, that the above-said -5- . , " . JENNY GEORGHALLI end GEORGE GEORGHALLI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. GULLIFTY'S RESTAURANTS, INC., CEDAR CLIFF INN, INC. d/b/a GULLlFTY'S, HEARTLAND PROPERTIES LIMITED PARTNERSHIP, WILLIAM R. DIMELlNG, RICHARD R. SCHREIBER and STEVEN G. PARK, Individually and d/b/a DIMELlNG, SCHREIBER and PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, NO. 94.4094 CIVIL ACTION. LAW JURY TRIAL DEMANDED " Defendants PLAINTIFFS' REPLY TO NEW MA rrER PROPOUNDED BY GULLlFTY'S RESTAURANTS. INC.: CEDAR CLIFF INN. INC.. d/b/Q GULLlFTY'S AND NOW comes the Plaintiffs, by and through their attorneys, Handler and Wiener, replies to the Defendants' allegations of New Matter as follows: 36. Paragraph 36 Is an Incorporation paragraph to which no responsive pleading Is necessary. 37. Denied. The allegation set forth In Paragraph 37 Is a conclu!llon of law to which no responSive pleading Is required, however, to the extent that the Court deems a response necessary, the Plaintiff specifically denies that she was In any way comparatively negligent, and proof to the contrary is demanded at the trial in this matter. 38. Denied. The allegation set forth in Paragraph 38 Is a conclusion of law ...' I . I verify that the statemants made In this pleading are true and correct to the best of my knowledge, Information and belief. I understand that felse statements made herein are subject to the penalties of 18 Pe.C.S.14904 relating to unsworn falsification to authorities. Dete Ih . '1 -'1 II ~I G",,,\(.ft~ Jenny Georghalll . I' t} f:' , , Ii. :;f ':\'. ":;1', : , . , I. I:', i. -::r <.M " M ~ ,..\... oTl '" C"> r:n ,.- , , ,t..:> II: III Z III ~ S ~ e oH .. i\ . ~n g ~ is ! ; g ~ III OJ R .J i\ R . 0 :z: Z <( ::I: . contrary Is demanded lilt tha trlelln this matter. 47. Danled. Tha allegetlon set forth In Paragraph 47 Is a conclusion of lew to which no rasponslva pleading Is required, howevar, to the extent that the Honorable Court deems e response necessery, the Plaintiff specifically denies that she assumed the risk of the Injuries sustained, and proof to the contrary Is demanded at the trial In this matter. 48. Denied. It Is expressly denied that the Pennsylvania Workmen's Compensation Act Is In eny wey eppllceble to the subject cause of action, and proof to the contrery Is demended et the trial In this matter. 49. Denied. It Is denied that Plaintiff's Injuries were caused In whole or In party by third-parties over whom the Answering Defendants hed no control or right of control, and proof to the contrary Is demanded at the trial In tnls matter. 50. Denied. The allegation set forth In Peragraph 50 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response neceltSary, the Plaintiff denies that their claims ere barred end/or limited by the Doctrines of Collateral Estoppel and/or Res Judlceta, and proof to the contrary Is demanded at the trial In this matter. 51. Denied. The allegation set forth In Paragraph 51 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff denies that the Complelnt falls to state a cause of action upon which relief can be grented, and proof to the contrary Is demanded at the trial In this matter. 2 . , . ! I~I , , 62. Denied. The allegation set forth In Paragraph 152 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessery, the Plaintiffs deny that their claims are barred by the applicable statute of limitations, and proof to the contrary is demanded at the trial In this metter. 63. Denied. It Is denied that the Answering Defendents did not owe Plaintiff any duty of care and It Is further denied that they did not breach any duty of cara owed to Plaintiff, end proof to the contrery Is demanded et the trial In this metter. 54. Denied. The allegation set forth In Paragraph 54 Is a conclusion of law to which no responsive pleedlng Is required, however, to the extent thet the Honoreble Court deems a response necessary, the Plaintiffs deny that no act or omission on the pert of the Answering Defendants was a substentlal contributing fector In bringing about the Plaintiff's Injuries and damages, and proof to the contrery Is demanded at the trial In this matter. 55. Denied. It Is denied that acts and/or omissions on the part of entities other than the Answering Defendants proximately caused Plaintiff's Injuries and constitute superseding and/or Intervening ceuses of Plaintiff's InJuries, and proof to the contrary Is demanded at the trial In this matter. 56. Denied. The allegation contelned In Paragraph 56 Is a conclusion of law and In response thereto Plelntlff sets forth their responses to Peregrephs 46 through 55 herein. 157. No responSive pleading is necessary from the Plaintiffs with respect to 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 Ie) W. SCOTT HENNING, ESQUIRE, states that he Is the attorney for the party filing the foregoing document; that he makes this affidavit es en ettorney, beceuse the party he represents lacks sufficient knowledge or Infcrmetlon upon which to make a verification end/or becausa he has greatar personlll knowledge of the Information and belief than that of the party for whom he mekes this effldavit; end that he has sufficient knowledge or Information and belief, based upon his Investigation of the matters everred or denied In the foregoing document; and that this statement Is made subject to the penalties of 18 Pa C.S. 14904 relating to unsworn falsification to authorities. Date: .!:= d-,{.r;\' w. 5