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Home My WebLink About94-04904 " i: " 1'\ " " ..1" I " .....J,) J1 ~ . .. .. ,', " , ,: , , . -;P " I , ~ I t\ 19 " , , , , , " ,I, , , . , " , , -:r o cr ::t' ", .'1 '.j, -:r Cj, / . 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/a DIMELlNG, SCHREIBER end PARK, GENERAL PARTNER of HEARTLAND PROPERTIES LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , . , NO. qy. L/Oql( C; VI I ~ r{Y) 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 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 Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 ~ANDL~R ~ND WI~_I':JI;.R \,. ?_< ~5 By . d__ - W. Scott Hennln Esq, 1.0. #32298 319 Market P.O. Box 1l 7 Harrisburg, P A 17108 (717) 234-8031 Attorney for Plaintiffs JENNY GEORGHALLI and GEORGE GEORGHALLI, her husband, Plelntlffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. ql./ - L'O?~ (,'VI/ v. GULLIFTY'S RESTAURANTS, INC., CEDAR CI.lFF 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, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW COMES the Plaintiffs Jenny Georghalll and George Georghalll, by and through their attorneys, Handler and Wiener, and makes the within Complaint against Defendants as follows: 1. Plaintiff, Jenny Georghalli, is an adult Individual residing at 350 Equus Drive, Camp Hill, Cumberland County, Pennsylvania. 2, Plaintiff, George Georghalli, is an adult individual residing at 350 Equus Drive, Camp Hill, Cumberland County, Pennsylvania. 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 Pennsylvenla corporation that does business by the name of Gulllfty's and who maintains an office and place of business loceted at 1104 Carlisle Road, Camp Hili, Cumberland County, "ennsylvanla. 5. Defendent, 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 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 GulliflY'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 3D, 1992 at about 7:50 p.m" Plaintiff, Jenny Georghalll exited Gullifty's Restaurant located in the Cedar Cliff Mall and was walking -2- cover; (c) In failing to give werning of the dangerous condition posed by the severely unevon, 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 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. 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, 15. 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, 16, Plaintiff, Jenny Georghalli, believes and therefore avers that her injuries are permanent In nature, 17. As a result of Defendant's negligence, Plaintiff, Jenny Georghalli, has -4- (b) In failing to maka a reasonable Inspection of the parking lot which would have revealed the existence of the dangarous condition posed by the severely uneven, cracked and deteriorated parking lot and protruding manhole cover; (cl In failing to give warning of the dangerous condition posed by the severely uneven, cracked and daterlorated 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, 21. As a direct result of Defendant's negligence, Plaintiff, Janny 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 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. -6- 24. Plaintiff, Jenny Georghalll, believes and therefore avers that her Injuries are permanent In nature. 25, As a 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. 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 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 Jennv 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- (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; (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 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. 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 orulslng 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 statements made In this Complaint are true and correct to the best of my knowledge, Information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa,C,S,t4904 relating to unsworn falsification to authorities. Date ~l/- -12- , f~ , ~: . ~ . >. ~ :".i 1:;....-. ~ ~ ,- ,,. IQ UJ" J.t ~ ~ ~i ~ '::J- '.. ,; ," ~ () 4") t"( '.." ,",' \'C) - ,. . , - .Cl lr) C"( - I'"~ \I) , .. .::t- ~l i- ::::i ' ,., ~ , \~ ''It ~ '!," , ~ e , ~ ~ J c:..J~ 0: \&I Z \&I - .. ;C ~ ~ aO!stM ~~i~g~ ~o:i~;~ \&I ell . E oJ i'i ~ o J: Z < :I: . , , , " , J.; , I " 'I' 'I' , , ,I " ' , , I , ,', , I ~ I i' >I " " " " @) ~uc 30 ~ 22 PK '9'1 " , ,,01 fleE Cf ; "I ',' IUOH()Un C\II~~~f,L^HO C~lJHlY l'lHHiYL'I.S" ~IoIO,ro 500 1/- J..f5 60 pd A~ ~~ ~, ,,' , , , ""crdltr .. \l); ell t( C/.A. t1 5 ~300 (J,~ /SQ'8"8 .,---_..............._~ ';' 'I', "~I '"~I ", . , , " '"' " , \ ( 'I '. " " " " tI , """~ '" .. ;'w:'"7-- .\"'" 'l "i"1 '1" :1" f . . ',i' ~ i 'It, , " J ", " .\ ... \ ,', t ;1 I' '., , " " " " , " , , " I' ,i ,: " No. ..~~:..tt~~..~~~~:..!!:!!'... .1.__. " " ........--.-...--.--...-.-......-.-- " Jenny Georghalli and George Georghlllli i: I' - ..11 , DlInte's Restaurant Ine ,If ,IJ ...._._-_.~_.__._-.._--_._--._.__._- " , , , " ' SumrnOlll in , , Civil Action Law ------------.----.-.-...----------.- W. Scott Henning Handler & Wiener 319 Market Street Po Box 1177 Harrisburg PA 17108-1177 717-238-2000 ._._-_._---_..~~~--_.._..__...-