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Home My WebLink About95-01847 i " l;~li~jC'. ,~~.~:,t' ~1y.;"3' tef~f~' - " ,'Y-"_,"'i.7 .. ~~~~, ~~,!(, . ,~{:':\";'; ,~ ~~;~ . ,\' -;.,,-: ;:~;~';8 ~k;~~:.1h , ,~~' I " ~ ;,. i~'P " ' ,- . ~. ~~'.: ~t; -'i,"";' € ~ j r- :z- OO - LORI LYNN LAWSON, Plaintiff , , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , , v, RICHARD L, KUHN and CRAIG A, KUHN, t/d/b/a 7-20 CAFE, Defendants , , , . NO, qS.. 1817 JURY TRIAL DEMANDED PRAECIPE POR WRIT OF SOHHONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. writ of Summons shall be issued and forwarded to Sheriff Karen Durkin. Esauire James. Smith & Durkin P,O, Box 650 Hershev. PA 17033 717-533-3280 Names/Address/Telephone of Attorney , '&f:'t~h"~~./ ~i ure of Attorney supreme Court 10 No, 29563 No, Date: April~, 1995 WRIT OF 8UMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:.Llp.kO W'/ti5 ';7r';ll/fM ( /' h /,~ (Vt. r Prothonotary (- 'Yl by \ l.V" ~) ) I (.JI/II(1I11 cf)1r, Deputy ., ( ) Check here if reverse is issued for additional information ,; ! l ~ i "" -s:. :;n ~. 11. 6 ,.~ ~- ~? I'Y1 = .r,^' 0 () S (0) ~ '.,,, 0 0- Lf)' '- t() 0 l() r() ("6 '" ,...,- - j -:r =- ' - - a lri l{) (I IJ I' " ':t"" ::r :t< ~ - .' f11. j << ,^'h' <:J n: I':' n. ~::.: - -' ~ , , 8 r- ,- c- o ,: ~ '1 " (\'1 -<l ~ ct. -r '" 0: - J l, Lt, :i 1- ...J <> c ~ ~ c:., . 0" -0 ,; Jr J 9 ,::- 4- ~ " - 0' ,l(' ~~ "U 0 c ~ fl 0' , .- - d ,~ rot. '0 l. r<1 - c{J U m '0 c(J SHERIFF'S RETURN CASE NOI 1995-01847 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAWSON LORI LYNN VS. KUHN RICHARD L ET AL PHILIP BAUGHMAN CUMBERLAND County, Pennsylvania, to lav, says, that ho served the . Sheriff or ~eputy Sheriff of vho bOing duly svorn according vi thin WRIT OF SUMMONS upon KUHN CRAIG A the defendant, at ~23100 HOURS, on the ~ day of April 1995 at 233 RED TANK ROAD BOILING SPRINGS. PA 17007 ,CUMBERLAND County, Pennsylvania, by handing to CRAIG KUHN a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs I Docketing Service Affidavit Surcharge ~~~I, '///. r ~;:;"'I",>,...r,'"'.t:1 ~~.t; R. I homas KIJ.ne, SherJ.11 6.00 .00 .00 2.00 $8.00 KAREN DURKIN .l',~" 04/17/1995 , &t )' .~-1 (. " by -RUn R. ___ I eputy S er Svorn and subscribed to before me this ~'f!!: day of 0,,,.",1 19 ~( A.D. '--) "~' _ Q. nlA..€i....., ,,-Cn:e 'f"', Prothonotal'y r I SHERIFF'S RETURN CASE NO: 1995-01847 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAWSON LORI LYNN VS. KUHN RICHARD L ET AL " i, upon KUHN RICHARD L defendant, at ~~00 HOURS, on the ~ day of AP.ril 1995 at 101 TANGER ROAD BOILING SPRINGS, PA 17007 the PHILIP BAUGHMAN CUMBERLAND County, . Sheriff or Deputy Sheriff of Pennsylvania, who being duly aworn according to law, says, that he served the within WRrr OF SUMMONS County, Pennsylvania, by handing to . CUMBERLAND RICHARD L. KUHN a true and attested copy of the WRIT OF SUMMONS and at the same time directing ~ attention to the contents thereof. $25.60 KAREN DURKIN 04/17/1995 by Qt~",fSh~ . Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.60 .00 2.00 So answers.:::, /~' r,"/?,fY ~,.". 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' LORI LYNN LAWSON, plaintiff vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD L, KUHN, and CRAIG A, KUHN, individually and t/a 7-20 CAFE, NO, 95-1847 Defendants JURY TRIAL DEMANDED NOT I C r A LE BAN DEMANDADO A OSTED EN LA CORTE, Si usted quiere defenderse de estas demandas edxuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificcion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su corte tomara medidas y puede entrar una orden contra usted alivio que es pedido en la peticion de demanda, Usted puedo perder dinero 0 sus propiendades 0 otros derechos imnportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR AL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEQUIR ASISTENCIA LEGAL, Dauphin County Lawyer Referral service 213 North Front Strset Harrisburg, PA 17101 (717) 232-7.536 a bar/restaurant known as the 7-20 Cafe situate at 7-20 North Hanover street, Carlisle, Pennsylvania. 5, At all times relevant hereto, and specifically on May 7th and Bth, 1993, Defendant Richard KUhn, having a license to dispense alcoholic beverages was subject to the licensing and regulations requirements of the Pennsylvania Liquor Code (47 P.S. ~1-10l, et seq,) , 6, In the evening hours of May 7, 1993 and through the early morning hours of May B, 1993, Plaintiff Lawson, Rene Bowling and Colleen M, Roseberry were passengers in an automobile driven by Mary Jane Cleary, an adult individual, who resided at 604 Baltimore Avenue, Mount Holly Springs, Pennsylvania 17065 (hereinafter IIClearyll), 7, At all times relevant hereto, Defendants Richard Kuhn and Craig Kuhn acted through their authorized agents, servants and employees dispensing alcoholic beverages to patrons of the 7-20 Cafe. 8, In the early evening hours of May 7, 1993 and into the early morning hours of May B, 1993, Cleary, Plaintiff Lawson, Rene Bowling, and Colleen M. Roseberry, were patrons of the 7-20 Cafe, 9, Beginning in the early evening hours of May 7, 1993 and into the early morning hours of May B, 1993, Cleary and Plaintiff were served and sold alcoholic beverages through DefendantE' authorized agents, servants and employees and such were consumed by Cleary and Plaintiff at the 7-20 Cafe. 10. On said dates, Defendants, through Defendants' authorized agents, servants and employees, sold and served alcoholic beverages to Cleary and Plaintiff and such were consumed at the 7-20 Cafe while Cleary and plaintiff were visibly intoxicated, 11, The Defendants' conduct of selling and serving alcoholic beverages to Plaintiff Lawson and Cleary when they were visibly intoxicated was in violation of the Pennsylvania Liquor Code at 47 P,S, ~4-493 and 47 P,S, ~4-497, 12, Plaintiff Lawson believes and therefore avers that the Defendants knew or should have known that upon leaving the 7-20 Cafe that Cleary would be operating a motor vehicle, 13. On leaving the 7-20 Cafe, Plaintiff Lawson, Bowling and Roseberry were passengers in the automobile driven by Cleary, 14, Shortly after leaving the 7-20 Cafe, the automobile driven by Cleary crossed the center line of SR-0034 (Holly Pike) in South Middleton Township, cumberland county, Pennsylvania and collided, head on, with a northbound automobile driven by Kimberly Kyle (deceased) of Carlisle, Pennsylvania, 15, Cleary and Kyle were pronounced dead at the scene of the accident. 16. As a result of said accident, Plaintiff Lawson suffered the following injuries and such other injuries as may be determined by the Plaintiff's treating physicians during the course of this litigation: (a) (b) (c) (d) Fractured ribs; Bruised and collapsed lung; Fractured nose, cheek and jaw; Lacerations, contusions and scarring, 17, By reason of the injuries which the Plaintiff Lawson has sustained as a result of the accident, Plaintiff Lawson has received medical treatment and care and continues to receive medical treatment and care to recover from the injuries she suffered, 18, Plaintiff Lawson has suffered and will continue to suffer medical and physical pain, great difficulty in carrying out and engaging in life's activities, loss of life's pleasures and enjoyment, humiliation and embarrassment as a result of the injuries sustained in said accident, 19, Plaintiff Lawson has and will in the future sustain loss of earnings and impairment to her earning capacity. 20, All of Plaintiff Lawson's injuries as herein described are continuing and will continue into the foreseeable future as will the treatment costs therefor, 21, The accident and all alleged damages caused thereby were caused or contributed by the negligence of the Defendants, 22, The negligence of the Defendants consisted of, but is not limited to, the fOllowing: (a) serving Cleary and Plaintiff Lawson intoxicating beverages while they were visibly intoxicated; (b) Serving Cleary and Plaintiff Lawson intoxicating beverages when Defendants knew or should have known that Cleary would be operating a motor vehicle on public roads thereafter; (c) Violating liquor laws of the Commonwealth of pennsylvania at 47 P,S. ~4-493 and 47 P.S, ~4-497; and (d) Failing to insure that the liquor laws of the Commonwealth of pennsylvania, particularly 47 P,S, 94-493 and 94-497 were not violated. WHEREFORE, the Plaintiff Lawson demands judgment against the Defendants in an amount in excess of Twenty Thousand Dollars ($20,000,00), together with interest, attorneys' fees, and costs of suit, .-.., t""""\ VERIFICATION The undersigned, LORr LYNN LAWSON, hereby verifies that the facts set forth in Plaintiff's Complaint are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Q/a(].(jV\--- WSON ',- ..... i ~7 U; ic 111 ~. C"; , : 1':.") ~. '. , r -, ,-- (.'- I:J ll'r:' C(', ~ (- : , LV'-'. 0.:; , rC 0] , , r - " I' tt) ;:j L" C, ,..) z ~ ~ a ::J !:: Cl < tl oCl ~ ~ IE x ~ ~ o t: ,~ ~ ..,. 0 ;z: j "" ,;Z: Cf.l .. ~ ~ :>: ill :II , 12 ~ < ..., , . c:\wr51 ~lIijnlo.:l\720.:.rt .MI LORI LYNN LAWSON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1847 CIVIL TERM vs. RICHARD L. KUHN and CRAIG A. KUHN, Individually and tla 720 CAFE, JURY TRIAL DEMANDED Defendant. NOTICE YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty days after service of this Answer and New Matter. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for the Defendant By \. lL ( trfJ \ James D. Flower, Jr., Esqulr~ ~' 11 East High Street t Carlisle, PA 17013 (717) 243-5513 I.D. #27742 c :\....r' I \jdijnhl.:'\ 12lk. rr .an' LORI LYNN LAWSON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1847 CIVIL TERM vs. RICHARD L. KUHN and CRAIG A. KUHN, Individually and t/a 720 CAFE, Defendant. JURY TRIAL DEMANDED A....NSWER 1. Admitted. 2, Admitted. 3. Admitted. 4, Admitted In part and denied in part, At all times relevant hereto and specifically on May 7, 1993, and May 8, 1993, Defendant CRAIG A. KUHN, t;d/b/a THE 720 CAFE, operated a bar/restaurant known as the 720 CAFE situate at 720 North Hanover Street, Carlisle, Pennsylvania. At that time and at all times after March 3, 1993, any and all Interests In the aforesaid business had been transferred by RICHARD L. KUHN to CRAIG A. KUHN. 5. Denied. At all times relevant hereto, Defendant RICHARD L. KUHN had transferred his license to dispense alcoholic beverages to Defendant CRAIG A. KUHN. 6, After reasonable Investigation, Plaintiffs are without sufficient knowledge or Information to form a belief as to the truth of this averment. , . c:\w,.sI\jJljrdu.:I\12Ikarr.anl 7. Admitted In part and denied in part. As set forth above, Defendan RICHARD L. KUHN was no longer Involved In the business of the 720 CAFE at the time of th accident. It is admitted that at all times relevant hereto, Defendant CRAIG A. KUHN wa involved in operating the business of the 720 CAFE, which included the sale of alcoholl beverages. 8. After reasonable Investigation, Plaintiffs are without sufficient knowledge 0 information to form a belief as to the truth of this averment. 9, After reasonable Investigation, Plaintiffs are without sufficient knowledge 0 information to form a belief as to the truth of this averment. 10. Denied. CLEARY and Plaintiff were not served alcoholic beverages whll they were visibly Intoxicated. 11. Denied. CLEARY and Plaintiff were not served alcoholic beverages whil they were visibly Intoxicated. 12. Denied, Defendant neither knew or should have known that CLEARY woul be operating a motor vehicle upon leaving the 720 CAFE. 13. After reasonable investigation, Plaintiffs are without sufficient knowledge 0 information to form a belief as to the truth of this averment. 14, After reasonable investigation, Plaintiffs are without sufficient knowledge or Information to form a belief as to the truth of this averment. :1 c: \wr51 \jdij rlll"-" 12t....rr _ an. 15, After reasonable Investigation, Plaintiffs are without sufficient knowledge or Information to form a belief as to the truth of this averment. 16, After reasonable Investigation, Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. 17. After reasonable Investigation, Plaintiffs are without sufficient knowledge or Information to form a belief as to the truth of this averment. 18. After reasonable investigation, Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. 19. After reasonable Investigation, Plaintiffs are without sufficient knowledge or Information to form a belief as to the truth of this averment. 20, After reasonable investigation, Plaintiffs are without sufficient knowledge or Information to form a belief as to the truth of this averment. 21. Denied. Defendants were not negligent, but at all times acted with due care under the circumstances. 22. Denied. Defendants acted with due care under the circumstances at ali times. Defendants did not serve CLEARY and Plaintiff while they were visibly Intoxicated. Defendants neither knew nor should have known that CLEARY would be operating a motor vehicle on the public roads after being served. Defendants did not violate the liquor laws of the Commonwealth of Pennsylvania since Plaintiff and CLEARY were not served whlie visibly intoxicated. " c: :\wr' I \jdij"II':" 721....'r . ani WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed. NEW MATTER 23. Paragraphs 1 through 22 of Defendants' Answer are Incorporated herein by reference. 24. Plaintiff and MARY JANE CLEARY were at the 720 CAFE together, and consumed alcoholic beverages together. 25. Plaintiff had an opportunity, and in fact did, observe the types and amounts of alcoholic beverages which MARY JANE CLEARY consumed at the 720 CAFE. 26. Knowing the nature and amount of alcoholic beverages consumed by MARY JANE CLEARY, Plaintiff exposed herself to a known and obvious risk In that she permitted herself to be a passenger In a motor vehicle operated by MARY JANE CLEARY. 27. To the extent to which MARY JANE CLEARY Is found by this Court to have been visibly Intoxicated at the 720 CAFE, which averment Is specifically denied by Defendants, Plaintiff voluntarily exposed herself to a known and obvious risk In allowing herself to be a passenger In a motor vehicle operated by MARY JANE CLEARY. 28, Plaintiff's actions are barred by her assumption of the risk that MARY JANE CLEARY may have been Intoxicated to an exlentthal she was unable to safely operate a motor vehicle. 5 t:\wr~ I \jJl}rdtw.:I' 721~.rr _an' 29. At the time and place of the accident, Plaintiff acted in a negligent manner In allowing herself to be a passenger In a motor vehicle operated by MARY JANE CLEARY, for the reason that she observed the nature and amounts of alcoholic beverages which MARY JANE CLEARY consumed during the evening, and, to the extent that MARY JANE CLEARY was visibly Intoxicated, which Is specifically denied by Defendants. 30. By her foregoing actions, Plaintiff exposed herself to a risk of harm which she would have been aware If she had exercised due care under the circumstances. 31. By her foregoing actions, Plaintiff was contributorily negligent in allowing herself to be a passenger In a vehicle operated by MARY JANE CLEARY and her negligence caused or contributed to the Injuries which she suffered. 32. Plaintiff's contributory or comparative negligence acts to bar or off-set any, recovery against Defendants. 33. To the extent that this Court determines that Plaintiff has signed any release releasing any Individual or entity from liability arising out of the accident In question, Plaintiff Is barred from her recovery against Defendants. Any such Release acts to, bar and/or offset any recovery against Defendants. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Defendants By C ~ . ames D. FI wer, Jr., Esq 11 East High Street \, Carlisle, PA 17013 (717) 243.5513 I.D. #27742 II . If) j , I .. 11.1 ~ I , ~ , " j- , I' lC r.'\ " 1 I, " LORI LYNN LAWSON. Plaintill' : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA I's. : CIVIL ACTION - LAW RICHARD L. KUIIN und CRAIG A. KUHN. individually und tlu 720 CAFE. Defcndants : NO. 95-1847 CIVIL TERM : JURY TRIAL DEMANDED REPLY TO NEW MA TIER AND NOW. comes the Plaintill: Lori Lynn Luwson. by und through her uttorneys. Jamcs. Smith. Durkin & Connelly. to reply to Defcndants' New Mutter as follows: 23. No responsive pleading is required. 24. Admitted. 25. Denied. It is spccifically denied thm the PluintifTknows thc types and amounts of alcoholic bcverJgcs consumcd by Mary June Cleary at the 720 Cufe on thc cvening in question. 26. Denied. As the PlaintifTdid not know the umount ofaleohol consumed by Mury Jane Cleary undo in fuct. had consumed alcohol herself. the Plaintifl- did not cxpose herself to u kno\\1! or obvious risk us such is alleged.und strict proof thereof is demunded ut triul. 27. Denied. As the PluintifT did not know the umount of ulcohol consumed by Mury June Clcary undo in Hlct. had consumed ulcohol herseIl: the PluintifT did not expose hcrselfto u known or obvious risk us such is ulleged. uud strict proofthcreof is demanded at triul. 28. Denied. The uvcnneuts of paragraph 28 ure conclusions oflulV to which no responsive pleading is required and strict proof thereof is demanded lit trial. 29. Denied. The a\'Cnnents ofpllragraph 29 arc conclusions ol'lall' to which ao responsive pleadiag is required and strict proof thereof is denmnded lit trial. 30. Denied. The averments 01' paragraph 30 arc conclusions of lull' to which no responsive pleading is required lInd strict proof thereof is demunded ut trilll. 31. Denied. The lIvcrments of puragraph 31 arc conclusions of lull' to which no responsive pleading is required und strict proofthercofis demandcd at trilll. 32. Denied. Thc lIVCmlents ofparugraph 32 ure conclusions ol'lall' to which no responsive pleuding is required und striet proofthereofis demunded ut triul. 33. Denied. The uvcrments of paragraph 33 arc conclusions of lull' to which ao rcsponsive plcadiag is requircd and strict proofthcrcof is dcmandcd at trial. WHEREFORE, PluintifT Lori Lynn Lawson respectfully requests thllt this Honorablc Court enter judgment in her favor and agllinstthe Defcndllnts. togcthcr lI'ith costs. Respectfully submitted, ,JAMES, SMITH, DURKIN & CONNELLY LLI' DlItcd: (tJt2v\~'O I By: P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys lor Plaiatiff CF.RTIFICATE OF SERVICE I. JOHN J. MCNALLY. III. ESQUIRE, do hereby certify thutl served a tme and correct copy of the foregoing Reply to New Matter upon the IIJllolI'ing below-namcd indil'idual{s) by hand-delil'ering SUll1e "ill courier at ClIrlisle, Cumberland County. Pennsylvania this 1..'o,Y- day of October, 1998. SERVED UI'ON: Jumes D. Flower, Jr., Esquire Flowcr. Morgenthul. FlolI'er & Liadsuy II East High Strcet Carlisle. I' A 17013 ~ /---....., \ JOHN, .' ~L Y. III. ESQUIRE Att7lY!.D.1I 661 . ) ~~~. , , fr" /". j;: r; C": .~ ,. .'. .. '~.~ ~uP C', J .c. t)~ r'( ) ~~ r. .-.r: ~i!. c.. ~. .' ']0 ~G' '0 :. .r/) ,/i-.: N .~". iI:!~~1 '- ll're It.! 11: c.J ~Qc c:" OJ. r-o ~ Co O'l U i o u e ~ ~ i ~ ~ 2 ~ ,q::l 0 ~ j ''': ~ ~ ~ CI) :z: ill :z: ~ .., .., R ~ . . KIRBY E. BOOHER, plaintitt I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1847 1996 TINA L. BOOHER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file n counterolnim within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. AFFIDAVIT OF PLAINTIFF UNDER SECTION 33011dl OF THE DIVORCE CODE 1. The parties to this action separated on January 1, 1996, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Date: 10 l?c;'J /;<; / i//~ ~. ..-?, / /1.--11':':'11' C !/(I1,---rLc--------- KIRBY E: BOOHER, plaintiff -..r._.,_...... .._.... >- In a: .' l...... 1-:": U 1 ~~-~ ("'; l...)'. p:~ ("\1' ,... ~r - , '() '- ' . I..U;' I a:; [:' c. " u. r, U '"