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Home My WebLink About02-3727COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 9t.h NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMO, PLEAS ,o. O..?-- $'72--f e' 't NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF e.J. Tanya Jenkins I 09-3-04 ADDRESS OF APPELLANT CITY ~. STATE ZIP CODE 8 Flowers I~ive Necha~icsbu~g PA 17055 DATE OF JUDGMENT I IN THE CASE OF (PLAINTIFF) 7/23/02 I Tanya Jenkins CLAIM NO, CV YEAR 000028!-02 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. VS. (DEFENDANT) Ye Olde Ale House, Inc., et al. SIGNATUREO ORHI ATrORNEYG AGENT v fnr A__n!~llant If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectioD of form to be used ONLY wheR appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon _, appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service o! rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name of appellee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAEClPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: _, Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J; Copy Proth.- 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served I~la copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (name ....... on , year_ , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on .... year [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR My commission expires on ,year COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag Dis1 No,: 09-3-04 DJ Name: HOn. ~'~'~": 104 S. SPORTZNG HTLL RD. MECHANICSBURG, PA (717) 761-8230 17050 TANYA O *sNKINS 8 FLOWERS DR. MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: N~ME en~ ADDRESS ~ ~z~KINS, TANYA -~ 8 FLOWSKS DR. MECHANICSBURG, PA 17050 VS. DEFENDANT: NAME and AODRESS UJACK & LOUISE ~CH OWN YE OLD ALE~, 5002 CARLISLE PIKE MECHANICSBUltG, PA 17050 / Docket No.: CV- 0000281-02 Date F led: 6/03/02 TIllS IS TO NOTIFY YOU THAT: Judgment: ~1 Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) FOR D~F~N-DAN~ in the amount of $ .00 on: [--~ Defendants are jointly and severally liable. [~ Damages will be assessed on: ~--] This case dismissed without prejudice. ~'~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. r~ Levy is stayed for days or [] generally stayed. r--~ Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total .00 .00 .00 .00 .00 Post Judgment Credits Post Judgment Costs $. Certified Judgment Total $. Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU -~/2 ~Date ~ ~"~/,'. :~e-.~ "~', District JustiCe "1; CodifY that/: this is;true aJco;rbc;'c°PY-°f t~.e.5~lcord of't}{2j~c'/eedll~s containing the judgment. h' ~JV'~ ~C' Lt' E~7-~/~V ' D,st'ri~t Justice I My commission expires first Monday of January. 2004 SEAL AOPC 315-99 TANYA JENKINS, Plaintiff YE OLDE ALE HOUSE, INC., JACK HENCH, INC. and JACK & LOUISE HENCH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3727 CIVIL TERM . COMPLAINT AND NOW, comes the Plaintiff, Tanya Jenkins, by her attomey, William A. Addams, of Hanft & Knight, P.C., and makes the following Complaint: 1. The Plaintiff is Tanya Jenkins, an adult individual residing at 8 Flowers Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant Ye Olde Ale House, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its offices and principal place of business at 5002 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant Jack Hench, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its offices and principal place of business at 5002 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 4. Defendants Jack & Louise Hench are adult individuals operating a place of business at 5002 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 5. Defendant Ye Olde Ale House, Inc. owns and maintains a business by the same name at 5002 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 6. In the alternative, Defendant Jack Hench, Inc. owns and operates Ye Olde Ale House. House. 8. In the alternative, Defendants Jack & Louise Hench own and operate Ye Olde Ale The Plaintiff is the owner of a 1997 Honda Civic which, at about 1:00 a.m. on April 6, 2002 was parked near the front door of Ye Olde Ale House while she was a patron inside. 9. At said time and place the Defendant's bouncer forcefully ejected another patron and negligently, recklessly and carelessly threw or pushed the patron into the Plaintiff's automobile causing the damages hereinafter set forth. 10. The Defendant is vicariously liable for the negligence, recklessness and carelessness of the bouncer, who was acting in the course and scope of his employment at the time of the incident. 11. As a result of the negligence, recklessness and carelessness of the Defendant, the Plaintiff' s vehicle sustained damage in the amount of $1,018.06, and she anticipates incurring expense of $100.00 for loss of use while her vehicle is undergoing repairs. WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $1,118.06 plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. HANFT & KNIGHT, P.C. By:. William f~.. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff VERIFICATION Tanya Jenkins hereby verifies that the facts set forth in the foregoing Complaint are tree and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsifications to authorities. DATE: _CERTIFICATE OF SERVICE AND NOW, this 9th day of August, 2002, I, Mary M. Price, an employee of Hanfi & Knight, P.C., hereby certify that I have served copies of the Complaint by mailing the same by United States mail, postage prepaid, to: Ye Olde Ale House, Inc. Jack Hench, Inc. Jack & Louise Hench all at 5002 Carlisle Pike Mechanicsburg, PA 17050 F:~FILES~DATAF[LE~STATE.DOC~76.pn[ l/air Created: 10/04/00 01:54:03 pM Revised: 08/16/0209:14:01 AM 755076 TANYA JENKINS, Plaintiff YE OLDE ALE HOUSE, INC., JACK HENCH, INC., AND JACK & LOUISE HENCH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3727 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance ofMARTSON DEARDORFF WILLIAMS & OTTO on behalf of the Defendants. MARTSON DEARDORFF WILLIAMS & OTTO · K. Deardorff, Esquire u~t I.D. # 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendants Dated: August 16, 2002 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William A. Addams, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By C~t~~ %? ~c~]~ A~i J.-Zh~a ' Ten East Hi~ S~eet Carlisle, PA 17013 (717) 243-3341 Dated: August 16, 2002 TANYA JENKINS, Plaintiff YE OLDE ALE HOUSE, INC., JACK HENCH, INC., AND JACK & LOUISE HENCH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3727 CIVIL ACTION-LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: TANYA JENKINS, Plaintiff, and her attorney, Willaim A. Addams, Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-2. Admitted. 3-4. Denied as stated. To the contrary, Ye Olde Ale House, Inc., operates the business by the same name at 5002 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 5. Admitted. 6-7. Denied as stated. 8. Admitted. 9. Denied as stated. It is denied that Defendant's bouncer forcefully ejected another patron from the Defendants' business. To the contrary, Defendants do not employ a bouncer. It is believed that the patron got into an altercation with Defendants' employee, who was off duty at the time. It is denied that an employee of the Defendants' negligently, recklessly, or carelessly threw or pushed the patron into Plaintiff's automobile. Proof thereof is demanded. 10. Denied as stated. The answer to paragraph nine is incorporated herein by reference. 11. Denied as stated. Proof thereof is demanded. WHEREFORE, Defendants demand judgment in their favor against Plaintiff. NEW MATTER 12. The altercation was between a patron and an employee of the Defendants, who was off duty at the time. 13. Plaintiff's Complaint fails to state a cause of action. 14. Plaintiffhas failed to mitigate her damages. WHEREFORE, Defendants demand judgment in their favor against Plaintiff. MARTSON DEARDORFF WILLIAMS & OTTO I.D. # 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomey for Defendants VERII:ICATION The foregoing Defendants' Answer with New Matter to Plaintiff's Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. who is the at Ye Olde Ale'~ohse, Ir~c7 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William A. Addams, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO '-A/hi J. Thu~flna- Ten East High Street Carlisle, PA 17013 (717) 243-3341 TANYA JENKINS, Plaintiff YE OLDE ALE HOUSE, INC., JACK HENCH, INC. and JACK & LOUISE HENCH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-3727 CIVIL TERM REPLY AND NOW, comes the Plaintiff, Tanya Jenkins, by her attomey, William A. Addams, of Hanft & Knight, P.C., and makes the following Reply to the Defendants' Answer with New Matter: 12. After reasonable investigation, the Plaintiff is without knowledge sufficient to form a belief as to the troth of the averment and the same is therefore denied. 13. The conclusion of law is denied. 14. The conclusion of law is denied. WHEREFORE, the Plaintiffrequests the New Matter be dismissed. HANFT & KNIGHT, P.C. By: ~ William A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff F:\U~er Fold~r~Firm Docs\WAA~2801. BReply.wpd VERIFICATION Tanya Jenkins hereby verifies that the facts set forth in the foregoing Reply are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. TANYA JENKINS, Plaintiff Ve YE OLD ALE HOUSE, INC., JACK HENCH, INC., and JACK & LOUISE HENCH, D~fendants IN THE COURT OF COHHON PLEAS OF C~?18£RLAN~ COUNTY, PENNSTLVANIA' NO.02-3727 CIVIL ~ RIFLE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDCES OF SAID COURT: Daniel K. Deardorff , counsel for the~defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) a~ issue. 2. The claim of the plaintiff in the action'is $ 1,118.06 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: MARTSON DEARDORFF WILLIAMS & OTTO and HANFT & KNIGHT, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sub_~itte~, pRDER OF COURT AND NOW, ~~~ , l~O~,in consideration of the foregoing petition, _.~-c~/J Esq., Esq., and. j ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court P.J. ~ ~ ~rn ) In The Court of Common Pleas of Cumberland County, Pennsylvania 7 OATH We do solemnly swear (or affirm) thag we will supporT, obey and defend the Constitution of the United S~ates and the Consti~ie~ of ~his Co.on- wealth a~d ~hat we will discharge the duties~f our o~fi~ with fidelity. We, the ~dersi~ed arbitrators, having been duly appointed and swo~ (or affixed), ~ke =he foiling award: (Note: If d~ges for delay are awarded, they shall be separately stated.) · Arbitrator, dissentS. applicable.) Date of Hearing: Date of Award: (Insert name if Chairman NOTICE OF ENTRY OF AWARD the above Arbitrators com~e~ati~n t~ be paid upon appeal: $~~