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HomeMy WebLinkAbout95-00927 " 7lilW....&..- :J'I. 19'1!{' I':LL<W"u..uJ. IU~1' Llt.-t'tW1~. G./u- O. /ll,;e. '.~. ~uC; _ '::J c;'.' '. I.: '.~ """, i~;i:' !.': .~ fy., ._r .~LJ .. '?::r OSl .....-,O~ .I. 'tX.;') ';I::~'" "'., ~,. ""~ '~ "" '" '" ~ J '" -C -<: Vi y, !" C ... ... Co ~ !-1 t',. l"4 t - - '" N ;a...- :c - .c.a 'U'I e \: ~ r~ . VI o C- .' IN TilE COllIn OF COMMON PLEAS CUMBERLAND COllNTY,PENNSYLV ANIA David A. Baun. ESl(uire BAlJN &. L1TI' 124 Easl C01ll1 Slreel Doy blown. I' A 111901 (215) 345.()221 KAREN BROWN 11102 Richlicld Drive Severn. MD. 21144 No.: 95-927 "S. CIVIL ACI'ION - LAW DEcmEL'S NIGIIT CLUIl. DECmEL'S NIGIIT CLUB. INC.. el al c/o DENNY BURD 4 Brier Lane Campllill. PA 17011 l'nAECII'E FOn nElSSUANCE OF WnlT OF SUMMONS TO TIlE PROTHONOTARY: Kindly reissue II Writ or Summons lIgainsllhe Derel1l1anls. Decibel's Night Club. Decibel's Night Club. Inc. lInd Denny Burd, inlhe above aelion. ~ for Plaintiff Dale: Novcmber 17. 1995 ~ 0- ... , ,,:J.. I.: < ~:'~. ',.. :.t. ~., '.11'1 .' ;',' . ..} :','.: ;U '" ,". ." . "l-n \; '-~ ~ :; .. t ,n IpC .1 "" '-':,r .< .~ '?~ U1 .... ~ = $ ., SHERIFF'S RETURN - REGULAR CASE NO: 1995-00927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN KAREN VS. DECIBEL'S NIGHT CLUB ET AL TIMOTHY REITZ . Sheriff or Deputy Sheriff of CUMBERLAND County. Pennsylvania, who being duly sworn according to law. says. the within REISSUED WRIT OF SUMMONS was served upon DECIBELS NIGHT CLUB INC the defendant. at 1041:00 HOURS, on the 6th day of December 1995 at 4 BRIAR LANE CAMP HILL. PA 17011 . CUMBERLAND County, Pennsylvania, by handing to DENNY BURD. ADULT IN CHARGE a true and attested copy of the REISSUED WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 2.00 So answ~r~ e -g~< ~ ~omas Kl~ne, er~11 S8.~~ BAUM AND LITT 12/07/~:95 r:f A~;/j :}'. 2!l -lJepu,/f Sh~1!~/ Sworn and subscribed to before me this 19 .;2Q '!:- day of /\Pru... i.~ ./ qo{ A. D. (I '1'~ r: hL.:p._ ....o.,W t I 'JSrothonot'a~y SHERIFF'S RETURN - REGULAR CASE NO: 1995-00927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN KAREN VS. DECIBEL'S NIGHT CLUB ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REISSUED WRIT OF SUMMONS was served upon DECIBELS NIGHT CLUB the defendant, at 1041:00 HOURS, on the ~ day of December 1995 at 4 BRIAR LANE CAMP HILL, PA 17011 ,CUMBERLAND County, Pennsylvania, by handing to DENNY BURD. ADULT IN CHARGE a true and attested copy of the REISSUED WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costsl Docketing Service Affidavit Surcharge 18.00 7.28 .00 2.00 102'/. ~Il So answeV' ./ ~ r:--9b-~-1'~ H. Thomas K11ne, Sher1f% BAUM AND LITT 12107/1995 __ 'l"'7 .7k;:f by j A;rJt~. ,/-,"IC eputy she07 Sworn and subscribed to before me this ..z.c~ day of ;..Q"..,t...; 19 9.( A. D. q Pr . ~ '-- 1JflP ~' ur ro&onota'r'Y ~) ,- I"'" ,- U; ,:..- ~ ::; U1r.' O~, .' ... ~~ :2 .~ ~': , 1..1 - ~.. ... ~ V) ~t ('.1 .-' ~..r U:t.l (.0 ,:ltU ( 1.>.1 l" w... .....: t1.. r- ::, 0 m (..) TO O~S YOU AN! HlP.f1l' NOTVIID TO 'ILl A wmmj P.lSPONSl TO Ttt! lNCI,OSfD W1ntN lWINTY (10) 04YS fROM SlAVIC':( II(RIO' O"~NT HAY 8l HHIMO ;.GAlNSl YOU IT /W4t TTO"NEY BAUN & LITT - P.O. BOX 2327 OOYLESTOWN, PENOOYLVMlIA 1O!>OI (215) 345-0221 WI 00 "fRlBl' ClRnfY THAT THE WITHIN IS A l~Uf AIm cowel co,,. 0' nil ORlCINAl, IWINMAI;~ "tl4:!Ilf/J /vJ ATTOANEY IN TilE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACI10N . LAW KAREN BROWN 1802 Richfield Drivc Severn, MD 21144 : NO.: qs- -92..1 . . : ATIORNEY 1.0. NO.: 45637 vs. DECIBEL'S NIGHT CLUB 4 Brier Lane Camp Hill, PA 17011 and i. I I i I j I DECIBEL'S NIGHT CLUB, INC. 4 Brier Lane Camp Hill, PA 17011 and DENNY BURD 4 Brier Lane Camp Hill, PA 17011 . . : JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set fonh in the following pages, you must take action within twenty (20) days after this Counterclaim is served, by entering a written appearance personally or by attorney and filing in writing with the Coun 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 anr. money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or propeny or other rights imponantto you. YOU SHOULD TAKE TIl(S PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Coun Administrator Cumberland County Courthouse One Courthouse Square Cnrlise, PA 17013 (717) 240-6200 TIlE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V AN(A CIVIL DIVISION David A. Baun, EsqIUIIl Attorney I.D. No,: 45637 BAUN & Lm 4 West Onldond Avenue Doylestown, Pennsylvania 18901 (21S) 345.0221 Allorney for: Plnlntlff KAREN BROWN 1802 Richfield Drive Severn, MD 21144 __ NO.: 95-927 vs. CIVILACfl0N . LAW DEClBEL'S NIGHT CLUB 4 Brier Lane Camp Hill, PA 17011 and DEClBEL'S NIGHT CLUB, INC. 4 Brier Lane Camp Hill, PA 17011 and DENNYBURD 4 Brier Lane Camp Hill, PA 17011 JURY TRIAL DEMANDED CIVIL ACTION Intrnduction 1. Plaintiff, Karen Brown, is an adult individual who resides at 1802 Richfield Drive, Severn, Maryland 21144. 2. Defendant, Decibel's Night Club, is a Pennsylvania business corpomtion and/or unincorpomted association of Individuals, sole proprietorship and/or fictitious name registnltion, which at all times relevant hereto, was duly organized and existing under and by vinue of lhe laws of lhe Commonwealth of Pennsylvania which at all times relevant hereto, regularly conducted business within and through the COllullollwealth of Pennsylvania and the County of Cumberland, wilh its principal offices located at 4 nrier Lane, Camp Hill, Pennsylvania 17011. 3. Defendant, Decibel's Night Club, (nc., is a Pennsylvania business corporation and/or unincorporated association of individuals and/or other business organi7Jltion, cluly organized and existing under and by vinue of lhe laws of the Commonweallh of Pennsylvania which at nil times relevant hereto, regularly conducted business wilhin and lhrough the Commonwenllh of Pennsylvania and the County of Cumberland, with its principal offices located at 4 Brier Lane, Camp Hill, Pennsylvania \7011. 4. Defendant, Denny Burd, is an individual who at all times relevant hereto resided at 4 nrier Lane, Camp Hill, Pennsylvania 170 II. 5. At all times relevant hereto, Defendants, Decibel's Night CllIb, Decibel's Night Club, (nc. and Denny Burd, were the legal and/or equitable owners, lessees, and/or occupiers and/or persons in control of, or responsible for, the condition of that cenain real property, comprised of a building, abbuting access roads, sidewalks and parking areas, and specificnlly including, lhe premises consisting of that certain adjoining parking lot provided and designated for patrons of Decibel's Night Club Club, located at or adjacent to the premises operated and/or used by Decibel's Night Club Club and known as 7 Silver Drive, Mechanicsburg, Pennsylvania, specificnlly,lhat parking area immidiately adjacent to and in close proximity to the front entrance of lhe Decibel's Night Club Club (hereinafter referred to as the "Premises"). 6, At nil times relevant hereto, Defendant, Denny Burd, WllS an officer, director, shareholder and/or agent, servant or employee of Decibel's Night Club Club and/or Decibel's Night Club Club, Inc., duly authorized to conduct business by and on behalf of said defendants. 7. At all times relevant hereto, Defendants exercised joint ownership and/or control over the Parking Lot and were jointly and/or severolly responsible for the condition, maintenance and repair of said Premises which seIVlced and provided parking and access to Decibel's Night Club Club which was owned, and/or occupied by the defendants, or their respective lessees, agents or assigns. 8. Anll times relevant hereto, Defendants, acting individunlly and/or in concert with one another, exercised joint control and/or possession of the Premises, and through their respective agents, seIVants and/or employees, were responsible for the maintenance and care of the premises, specificnlly including tile parking lot upon said property which was open to patrons of the Decibel's Night Club, and upon which, Plnlntiff, Karen Brown, and her companions were directed by an agent, seIVant and/or employee of the defendants to park the vehicle In which plaintiff, Karen Brown was a passenger, Immediately before plnlntiff intended to enter Decibel's Night Club. 9. The Defendants, individually, or acting through their respective agents, seIVants and/or employees had aClUnl and/or constructive notice of the condition of the Premises and any defects which existed thereon, specifically including, accumulations of ice and snow, existing in patches, and appearing as hills and ridges of compacted snow and ice, which, due to, or in conjunction with, inadequate urtificinllighting, created a condition which was not reasonably safe for patrons of the Decibel's Night Club. 10, At all times relevant hereto, Plnlntiff, Karen Brown, was lawfully present upon the Premises and specifically the parking lot owned and/or under the control of Defendants, for the purposes for which said property was expected to be used and plaintiff was recognized at law as a business Invitee of Defendants or their respective lessees, agents or assigns. COUNT I Neflivence KAREN BROWN VS. DECIBEL'S NIGHT CLUB, DECIBEL'S NIGHT CLUB. INC.. AND DENNY BURD I I. Plaintiff hereby incorporates by reference paragraphs one through 10 inclusive, as fully as though set fonh here at length. 12. On or about February 27, 1993, at or about 8:30 p.m" Plaintiff, Karen Brown, was present upon the Defendants' premises for lawful business purposes. 13. On the above-mentioned date, and at the above-mentioned time and place, Plaintiff, was a passenger in an automobile, whose driver was directed by an agent, selVant and/or employee of Defendants, to park said vehicle upon the parking lot located on the Premises, 14. On the above-mentioned date, and at the above-mentioned time and place, Plaintiff, Karen Brown exited said automobile for the purpose of entering Decibel's Night Club, whereupon she was caused to slip, trip and fnll as the result of a concealed defect and/or irregularity in and upon the Premises, more specifically described as a patchy accumulation of hord, compacted ice and snow, which was allowed to remain upon the Premises for an unreasonably long period of time, and which was not readily apparent because of insufficient artificial lighting, as a result of which Plaintiff has suffered severe and pennanent injuries more particularly described herein. IS. rlaintiffs presence upon the Premises, and specifically the parking lot, was fully and completely foreseeable to Defendants or to their respective agents, selVants or employees, however said area was then existing in a condition unsafe for its intended use and was unreasonably dangerous to persons wnlking thereon. 16. The Defendants and/or their respective agents, selVants employees or assigns, knew, or, in the exercise of reasonable care, should have known, of the dangerous condition of the Premises, by reason of the long period of time that said accumulations or snow and ice were pennllled exist on the Premises prior to the accident, and/or by reason of ihe fact that Defendants, acting through their respective agents, seIVants and/or employees, specifically directed vehicles to park at thllt location on the Premises, other prior similar accidents, and Defendants should have taken reasonable steps to correct said defects. 17. The aforesaid accident and resulting injuries were caused by the acts and/or omissions of the Defendants, Decibel's Night Club, Decibel's Night Club, Inc. and Denny Burd acting individually, in concert with one another and/or by those persons lawfully under their respective direction agency and or control, specifically set forth as follows: a, Failing to discover the patchy accumulations of hard, compacted snow and ice and/or insufficient lighting conditions of the parking lot located upon the Premises of the defendants or within their control; b. Falling to repair, correct or remedy the dangerous condition of the Premises or to insure that those under their respective control perfonned said repairs; c. Failing to warn, or require those under their respective control to warn, persons, including Plaintiff lawfully on the Premises of the dangerous and defective condition thereof; d. Failing to inspect, or require those under their respective control, to inspect, said premises at reasonable inteIVnls in order to determine the condition thereof; e. Failing to maintain the Premises, and nrtificiallighting in a condition which would protect and safeguard persons lawfully thereon and who engaged in activities for which the Premise~ was properly intended, or insure that those under their respective control did the same; f. Falling to erect barricades so as 10 warn and keep individuals, such as Plaintiff, from falling as the result of the defective condition of the Premises, or insure that those under their respective control did the same; g. Failing to supervise those persons perfonning repairs and/or other maintenance of the Premises, or insure that those persons under their respective control to do the swne; h. Failing to install additional, or properly maintain, the lighting of the Premises in a manner sufficient to make it reasonably safe for patrons; i. Failing to compel and/or ensure that the lessee or other occupier of the premises made reasonable inspections of the Premises; j. Failing to compel and/or ensure that the lessee or other occupier of the Premises made such repairs and/or corrections so as to remedy the dangerous and defective condition of the property; such as properly and timely plowing, shoveling, salting, sanding or otherwise removing the accumulations of snow and ice from the Parking Lot so as to make it reasonably safe for patrons of the Decibel's Night Club. k. Failing to ensure that the Premises was in a reasonably safe condition before pennitting its agents, servants and/or employees to direct patrons to park in area which had not been maintained in a reasonably safe condition; I. Violating the applicable Fedeml standards, State and local statutes, regulations and local ordinances relating to the care, repair and maintenance of the Premises COUNT II Damaves KAREN BROWN vs. DECIBEL'S N(GHT CLUB. DECIBEL'S NIGHT CLUB. INC.. AND DENNY BURD 18. Plaintiff hereby incorporates by reference paragmphs one through 17 inclusively, as fully as though set forth here at length. 19. As a direct and proximate result of the acts and/or omissions of the Defendants, acting individually and/or in concert with one another by and through their authorized agents, servants and/or employees, Plaintiff, Karen Brown, has suffered serious and pennanent injuries, more specifically: right B-type latenil malleolar fracture, WHEREFORE, Plaintiff, Karen Brown, request this Honorable Court to enter judgment against the Defendants, Decibel's NIg.it Club, Decibel's Night Club, Inc., and Denny Burd, jointly and severnlly In no amount In excess of Fifty Thousand Dollars ($50,000.00) together with no award of costs associated with the bringing of this lawsuit. Law Offices BAUN & LlTI David A. Baun, Esquire Attorney for Plnintlff Dated: February 21, 1997 LAW OFFICES BAUN & LITI 4 Wesl Oakland Avenue (2IS) 34S.o221 liD. 0&1. PllIADINGS, COMl'l.Allffil,l'RRM1sr.s, DROWN VERIFICATION I, Karen Brown, hereby verify that the avennents made in the foregoing are trUe and correct to the best of my knowledge, infonnation and belief. I understand that fnlse statements made herein are subject to the pennlties of 18 Pa. C,S. Section 4904, relating to unsworn falsification to authorities. t( ~ ([,; (17 /)-/ t!f J I) Karen Brown Dated: VERIFIC'..A nON (, David A. Baun, Esquire verify thaI I am counsel for the Plaintiff, Karen Brown, Ihat ( am authorized 10 take this verification on his behalf, and that the facts set forth in the foregoing are tnJe and com:cl upon my knowledge', infonnation and belief. I understand that Ihis verification is made subject to the penallies of 18 Pn. C.S. Section 4904, relating to unsworn falsification to authorities. ~ldJjl4/V David A. Baun Attorney for Plaintiff Daled: February 21,1997 . -. ," , I.; .: , \I , .. ( , .': , , L'. , - r , u , I , - ....- , , ,-- t , - " TO YOU AN. .V~IY NOT11llD TO flU A WfUTllN NSJONSI TO mE INCLOSlD WITHIN TWlNTY (lO)OAYUROH SlR'w1CE tfllUm 011. A JUOGHfNT HAY If INTlIUD AGAJNST You BY BAUN & L1TT P.O. OOX 2327. OOVLESTOWN, PENNSVLVAllIA 10rm (215) 345-0221 Wi 00 HfRlIl'l' CERnfY THAT THE Yr'IntIN ts A TJM ....'m CORRtCT co,., Of nil CNGINAl. HtJl) ltj Th( ACTWJN . BY AnORNEr IN 11IB COURT 011 COMMON PLEAS or CUMIIIlRLAND COUNTY, PIlNNSYLV ANIA CIVIL ACTION KAREN BROWN 1802 Richfield Drive Severn, MD 21144 Plnlntiff CIVIL AcrION - LAW NO.: 95-927 A TIORNEY !.D.# 45637 I r ! I' I I vs. DEClBEL'S N(GHT CLUB 4 Brier Lane Camp HlIl, PA 17011 and DEClBEL'S NIGHT CLUB, INC, 4 Brier Lane Camp Hill, PA 17011 [ f ( , ! and DENNY BURD 4 Brier Lane Camp Hill, PA 17011 Defendants CERTIFICATION OF SERV(CE I, David A. Baun, Esquire, Allom~y for Plnlntiff, do hereby certify that a true and correct copy of Plnlntiffs Complnlnt on the 26th day of February, 1997 was served on Decibel's Night Club, Inc., et. ai" 4 Brier Lane, Camp Hill, Pennsylvania, Defendants, via regular first class mnll. Dated:_er '2b ,1997 (QuJ~ David A. Baun, Esquire . ._....,.~... . ",- . '" "' ., .- .. ~ ..... . , , '., ".,." '" . ,,' .' '. , ." , . ~ t': ,.' "", ~ '... ,,' ' ',,' ~~._', ".." .. . ' " ,.'