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Home My WebLink About95-06348 gt'.Oo~~" .>....:'-.....'.: ,.y,:i:,- .., f.... ~.,'..t!)...,. ~ ,i':~"",~.~~~' """.".',,.... 9j~:_"'--, .. ~V .~ i:i~i>~" l'~'~ · ~ .~.~.,~' ,".'. .. .0' :""'-- -; 1;-: o "< ALEXANDER PERRY, a Minor. by JAIME FELTON, his Parent and Legal Guardian. and JAIME FELTON. Individually, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintitl's v, CIVIL ACTION - LAW 95- CIVIL TERM CHARLES GLADFELTER and CROWN DISTRIBUTING COMPANY, Defendants JURY TRIAL DEMANDED COM PI AINT I, Plaintiff Alexander Perry is a minor individual residing at 154 Nonh Pitt Street. Carlisle, Cumberland County. Pennsylvania 17013 (hereinafter referred to as "Minor Plaintitf.). ~ Plaintiff Jaime Felton is an adult individual residing at 154 Nonh Pitt Street, Carlisle. Cumberland County. Pennsylvania 17013. She is the parent and legal guardian of Minor Plaintiff Alexander Perry. 3, Defendant Charles Gladfelter is an adult individual residing at 10 Peach Orchard Road. Newville. Cumberland County. Pennsylvania 17241 (hereinaller referred to as "Defendant Gladfelter"). 4. DelCmdant Crown Distributing Company is a Pennsylvania business with a place of business at 121 North Pitt Street. Carlisle. Cumberland County. Pennsylvania \7013 (hereinaller referred to a5 "Defendant Crown"). 5, At all times relevant hereto, Defendant Crown was engaged in operating a beverage distributorship at 12\ Nonh Pill Street. Carlisle, I'ennsylvania 17013, [), At all times relevant to the within action. Defendant Gladlelter was acting within the scope of his employment wilh Delendant Crown 7 On or about August :!1. 1995 at about lOa pm. minor Plaintitl. was lawfully at Delendant Crown's heverage distributorship tbr lhe porpose of purchasing a can of soda Irom the soda machine located on Ihe premises of Delendant Crown H At the same lime and place. Defendant Oladlclter falsely, publicly and maliciously accused lhe nllnor I'laintill' of dama~in!! lhe soda machine 9, At such time. Defendant Gladfeller forcibly and violently seized. held and detained minor Plaintiff against his will and consent and falsely and maliciously detained and imprisoned the minor Plaintiff. 10. Minor Plaintiff has been subjected to great humiliation. pain and sulfering by reason of the assault. false and malicious imprisonment. detention and seizure, II, By reason of the Delendants' actions. minor Plaintill' suffered damage to his reputation and was caused to suller great pain and mental anguish. COUNT 1- FALSE IMPRISONMENT AlpYRnder Peny a r\'finnr and Jaime Felton his Parent and Natural Guardian and Jaime Felton Individually v Charles Gladfelter 12, Paragraphs I through II ofPlaintitfs' Complaint are incorporated herein by reference as though set forth in full. 13. Defendant Charles Gladfelter. without probable cause. seized. detained and falsely imprisoned the minor Plaintiff on or about August 21. 1995, WHEREFORE. Plaintill's demand judgment against Defendant Charles Gladfelter in an amount in excess ofS50.000.00 and lor punitive damages in an amount to be detennined by the trier offact. plus costs. COUNT 11- FALSE IMPRISONMENT Alexander Pen:}'. a Minor and Jaime Felton his Parent and Natural Guardian and Jaime Felton Individually v Crown Distrihutinll Company 14. Paragraphs I through 13 ofPlaintitl's' Complaint are incorporated herein by reference as through set forth in full, 15. Defendant Crown. by and through its agents and/or employees. without probable cause. falsely seized. detained and imprisoned the Imnor Plaintiff at its beverage distributorship on or about August 21. 1995 WHEREFORE. Plaintitls demand judgmelll against Delendant Crown Distributing Company in an amount in excess of $50.000 Oil and lor punitive damages in an amount to be determined by the trier of lact. plus COSlS COUNT III - ASSAIJLTIBATTERY AIl!xander P~nv. a Minor. and Jaime Felton his Parent and Natural Guardian and Jaime Felton Individually v Charles Gladfelter 16, Paragraphs I through IS of Plaint ills' Complaint are incorporated herein by relerence as though setlorth in lull. 17. On or about AUllUst 21. 1995. Defendant Charles Gladfelter, without probable cause. violently grabbed Minor Plaintiff by the neck and forced him into a room and detained Minor Plaintilfby pUlling a chain across the door, WHEREFORE. Plaintiffs demand judgment against Delendant Charles Gladfelter in an amount in excess of$50.000,00 and for punitive damages in an amount to be detennined by the trier of fact, plus costs, COIJNT IV - ASSAln.TIRATTERY Alp-VAnder Pen:y a Minor. and Jaime Felton hig Parent and Natural Guardian and Jl\ime Felton Individually v Crown Distrihutinw Company 18. Paragraphs 1 through 17 ofPlaintilfs' Complaint are incorporated herein by reference as though set forth in full, 19. Defendant Crown. by and through its agents andlor employees. without probable cause. violently grabbed Minor Plaintilf by the neck and forced him into a room and detained Minor Plaintiff by putting a chain across the door. WHEREFORE, Plaintiffs demand judgment against Delendant Crown Distributing Company in an amount in excess of $50,000,00 and lor punitive damages in an amount to be determined by the trier of fact. plus costs, MARTSON. DEARDORFF. WILLIAMS & OTTO Date: November 6, 1995 By George B, I. ler. Jr" Esquire Ten East High Street Carlisle. P A 170 I 3-309] (717) 243-3341 Attorneys for Plaintllfs \'ERIFICA TION The foregoing Complaint is based upon inlbnnation 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 intbnnation which I have given to my counsel. it is true WId correClto the best of my knowledge. inlbnnation 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 verilication are made subject to the penalties of 18 I'a, C.S, Section 4904 relating to unsworn lalsification to authorities. which provides that if I make knowingly lltlse avennents. I may be subject to criminal penalties, ~~'___~~J- J . e Felton~ividually and as Parent and Legal Guardian of Alexander Perry . , ALEXANDER PERRY, II Minor, by JAIME FELTON. his I'arentllnd Legal Guardian, and JAIME FELTON, Individually, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintift's v, CIVIL ACTION - LAW 95. (.<..??-;'( CIVIL TERM CHARLES GLADFELTER and CROWN DISTRIBUTING COMPANY. Defendants JURY TRIAL DEMANDED COMPLAINT I. Plaintiff Alexander I'erry is II minor individual residing at \54 North Pill Street, Carlisle. Cumberland County. Pennsylvania 17013 (hereinafter referred to liS "Minor Plaintiff'). 2. Plaintiff Jaime Felton is an adult individual residing at 154 North Pill Street. Carlisle. Cumberland County. Pennsylvania 17013. She is the parent and legal guardian of Minor Plaintiff Alexander Perry. 3. Defendant Charles Gladfelter is an adult individual residing at 10 Peach Orchard Road. Newville. Cumberland County. Pennsylvania 17241 (hereinafter referred to as "Defendant Gladfelter"), 4. Defendant Crown Distributing COll1pany is a I'ennsylvania business with a place of business at 12\ North Pill Strect, Carlisle, Cumbcrland County, Pcnnsylvania 17013 (hcreinafter referred to as "Defendant Crown"), 5, At a1ltimcs relevant hcrcto. Detcndanl Crown was cngaged in operating a bcvcrage distributorship at 121 North Pill Strcet. Carlisle. Pcnnsylvania 17013. 6. At all times relcvanttothc within action, Dcfcndalll Gladfcltcr WIlS acting within the scope of his cmploymcnt with Dcfcndant Crown, 7, On or IIbout August 21, 11)1)5 lit IIbOUI 1:00 pm,. minor PllIintifl' WIlS IlIwfully lit Defcndant Crown's beverllgc distributurship tiJr thc purpose of purchasing a can of Sl1dll fhllllthc sodllmachinc loclltcd onlhc prcmises of Delcllllunt Crown 8, At the same lime ilnd pluce. Delcndunt GllIdfcltcr falscly, publicly and maliciously IIccuscd the minor 1'laintil1'of dllmuging the sodul11l1chine 9, At such time, Defendant Gladfelter lorcibly and violently seized, held and detained minor Plaintiff against his will and consent and falsely and maliciously detained and imprisoned the minor Plaintiff. 10. Minor Plaintif1'has been subjected to great humiliation, pain and suffering by reason of the assault. false and malicious imprisonment, detention and seizure. II. By reason of the Defendants' actions, minor Plaintiff suffered damage to his reputation and was caused to suffer great pain and mental anguish. COUNT 1- FALSE IMPRISONMENT Alexander Peny. a Minor and Jaime Felton his Parent and Natural Guardian and Jaime Felton Individually v Charles Gladfelter 12, Paragraphs I through II o I' Plaintiffs' Complaint are incorporated herein by reference as though set forth in full. 13, Defendant Charles Gladfelter, without probable cause. seized, detained and falsely imprisoned the minor Plaintiff on or about August 21. 1995, WHEREFORE. Plaintiffs demand judgment against Defendant Charles Gladfelter in an 8I110unt in excess 01'$50.000,00 and for punitive damages in an amount to be detennined by the trier offaet, plus costs. COUNT 11- FALSE IMPRISONMENT Alexander Pen:)'. 8 Minol:. Bnd Jaime Felton his Parent and Natural Guardian and Jaime Felton Individually v. Crown Dislribulinll Company 14. Paragraphs I through 13 of Plaintiffs' Complaint are incorporated herein by reference as through set forth in full, 15, Defendant Crown, by and through its agents and/or employees, without probable cause, falsely seized. detained and imprisoned the minor Plaintiff at its beverage distributorship on or about August 21. 1995. WHEREFORE. Plaintitlil demand judgmclllllgainst Defendant Crown Distributing Company in an amount in excess of $50.000,00 IInd lor punitive damages in an amount to be determined by the trier offact. plus costs, . . COUNT 11I- ASSAULT/BATTERY Alexander Perl:)'. a Minor and Jaime Felton his Parent and Natural Guardian. and Jaime Fellon. Individually v Charles Gladfeller 16. Paragraphs I through IS l1fPlaintilt's' Complaint arc incorporated herein by reference as though set forth In full. 17, On or about August 21, 1995, Defendant Charles Gladfelter. without probable cause, violently grabbed Minor 1)laintlff by the neck and forced him into a room and detained Minor Plaintiff by pulling a chain across the door. WHEREFORE. 1)laintilfs demand judgment against Defendant Charles Gladfelter in an 8IIIount in excess ofS50,000,00 and for punitive damages in an amount to be determined by the trier of fact, plus costs. COUNT IV - ASSAULT/BATTERY Alexander Pen:y. a Minor. and Jaime Fellan. his Parent And Natural Guardian and Jaime Felton. Individually v Crown Distributini Company 18, Paragraphs I through 17 ofPlaintilfs' Complaint are Incorporated herein by reference as though set forth In full. 19, Defendant Crown. by and through its agents and/or employees, without probable cause. violently grabbed Minor Plaintllfby the neck and forced him into a loom and detained Minor Plaintilfby pUlling a chain across the door. WHEREFORE, Plaintiffs demand judgment against Defendant Crown Distributing Company in an amount in excess of $50,000,00 and for punitive damages In an amount to be determined by the trier of fact, plus costs. By G or Ten t High Street Carlisle, PA 17013-3093 (717) 243-3341 Allorneys for Plaintill's Date: NovenDer 6. 1995 , . ... ALEXANDER PERRY, A MINOR. BY JAMIE FELTON, HIS PARENT AND LEGAL GUARDIAN, AND JAMIE FELTON. INDIVIDUALLY. Plaintiff. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO: 96-6348 CIVIL ACTION. LAW v. CHARLES GLADFELTER AND CROWN DISTRIBUTING COMPANY. Defendant. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Jeffrey B, Rettig, Esquire on behalf of Defendants, Charles Gladfelter and Crown Distributing Company In the above. referenced matter. THOMAS, THOMAS & HAFER Date: /)-/1/ 'i)- L :.-/ /2. J REY B. RETTIG. EJIQ IRE TORNEY I.D. #196~./ 306 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (7171266-7639 ATTORNEY FOR DEFENDANTS ;:,-:'i:~(;;.~i;~:,-~.:~ - - .,,_.,'''' ,''4,;.......'i;.k'"'t..'~. 'i.-"" ALlXAHDIR PIRRY, A MINOR BY JAID 'ILTON, HIS PARINT AND LIGAL GUARDIAN AND JAINI PILTON INDIVIDUALLY, Plaintifh IN THI COURT 0' CONNON PLIAS CUMBIRLAND COUNTY, PINNA. I.I'IY NO. 95-1HHt CIVIL ACTION - LAW v. CHARLIS GLAD'ILTIR AND CROWN DISTRIBUTING COMPANY, Darandants JURY TRIAL DIMANDID RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form I PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT I Jeffrev B. Rettiq. Esquire Manufacturing Company in the respectfully represents thatl 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ The counterclaim of the defendant in the action is , counsel for the defendant Crown above action (or actions), The following attorneys are interested in the case(s) are otherwise disqualified to sit as arbitrators I Faller. Esquire. Ten East HiGh Street. Carlisle. PA as counselor GeorQe B. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whcm the case shall be submitted. Rc!'pf'lctfully Bubmitted, THOMAS, DATE liP I' u I q L Street 17106-0999 -. ....., OF Tl~TARY " 96 AIIG -8 AM 10' II CUM_~UNTY I..: " ~ r:: l5 .:r '>. .", ~;: ~ '3~ C- ":l~ M ,.:.:'lm ~ :.ili, .., ~ ~ ~ 9~ .~ ~ E'0~ ~ ~ ~ "'I C\~ J '-:~<~ \Q THOMAS, rHONAS" HAFER '" "''''"8,R'IIIg,I.. MlIII'.fUlIDl No.: '11'1 .....ff....n.1 PO"," .......", I1IOUII' mnnum Allor..,. lor 0,1".'011 ALEXANDER PERRY, II Minor by JAIME FELTON, hi. PlIrent end Lellll Guerdlen. lInd JAIME FELTON.lndlvldulUy, PllIlntlffB IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO: 96.6348 v. CHARLES GLADFELTER lInd CROWN DISTRIBUTING COMPANY, DefendlntB CIVIL ACTION. LAW JURY TRIAL DEMANDED NonCE TO PLEAD TO: P1llntlff. Ind their ooun.el, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY 1201 DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. THOMAS, THOMAS. HAFER DA11:: /2/2 ~/ tj r )./ .: )),') 1{" Jef y 8, Rettig, EBq I, ,'19616 P,O. BOll 999 306 North Front Street Herrllburg, PA 17108.0999 17171266.7639 Attorney. for Crown DI.trlbutlng Complny 7. Denied. To the contrary, on Information and ballef, the minor Plaintiff wal hitting the loda machine located on Defendant's premises. 8. Denied al stated. On Informetlon and belief, It Is admitted that Mr. Gladfeltar asked the minor Plaintiff to stop hitting the machine which he rafused to do. 9. Danled. On Information and belief, It as averrad thet Mr. Gladfaltar brought the minor Plaintiff Into the Crown Distributing Compeny building advising him of hll Intention to call the police, which he did. It Is denied thet Mr. Gladfetler "Imprlloned" the Plaintiff. 10. Denied. It is denied that the minor Plaintiff has been subjected to great humiliation, pain and suffering or that he was assaulted or falsely and maliciously Imprisoned. It Is admitted that he was detained. 11. Denlad. It Is denied that tha minor Plaintiff suffered damage as alleged. COUNT I - FALSE IMPRISONMENT Plaintiff v. Oluf"'er 12-13. These allegations are not addressed to Answering Defendent end thus no r"ply Is required. COUNT II - FALSE IMPRISONMENT Plaintiff v. Crown D1ltributlng Company 14. The Answers to Paragraphs 1 through 13 above are Incorporated herein by reference thereto. 16. Denied. It Is denied that Answering Defendant's agents or employees falsely seized, detained or Imprisoned the minor Plaintiff. 2 WHEREFORE, An.w.rlng D.fendant requa.t. that Count II of Plaintiff'. Complaint b. dl.ml...d without co.t to It. COUNT 11I- ASSAULT/BATTERY Plaintiff v. Gladfelt.r 16.17. Th..e allegations are not addressed to Answering Dafendant and thu. no reply Is r.qulred. COUNT IV - ASSAULT/BATTERY P.rry v. Crown D1.tributlng Comp...y 1B. Th. An.wers to Paragraphs 1 through 17 above ara Incorporat.d h.r.ln by r.f.r.nc. th.r.to. 19. D.nl.d. It I. d.nl.d that An.werlng Def.ndant, through It. agent and lor .mploy..., vlol.ntly grabb.d minor Plaintiff. It Is furth.r d.nl.d that h. WII dataln.d by putting a chain acro.. the door. WHEREFORE, An.w.rlng D.f.ndant r.quests that Count IV of Plaintiff'. Complaint b. dl.ml.sed without cost to It, NEW MATTER 20. Ba.ed on Information and ballef. on the date and tlma alleged, An.werlng Defendent'. employee, Charles Gladfelter, ob.erved the minor Plaintiff and hi. cou.ln hitting a .oda machlna located on Answering Dafendant's preml.es, 21. Upon Informetlon and bellaf, Mr. Gladfelter alked Plaintiff and hi. cou.ln to ceall hitting the machine which they refu.ed to do. 3 ~ \.D '>- <'"I 1,- ;:: .. ~:;i...... !~ c., ~):--~ :t: I.... , .' Fe u.. C);.:j II m ~.h-,; t': c. hI ,". 1 ~:~ fC\!; (oJ ".'I[i) I:': ~d lito.. W :5 b In IT. U CERIJl'!CAIEJ)IUiERYlCE I hereby certify that a copy ofthe foregoing Praecipc was scrved this dalc by depositing swue illlhe Post Office at Carlisle, PA. first class mail. postugc prcpaid. addresscd as follows: JefTrcy B. Rettig. Esquirc THOMAS, TIIOMAS & HAFER 305 North Front Street P.O. Box 999 Hanisburg. PA ] 7108 By AMS & OTTO Attomeys for Plaintiffs Dated: March 3.1997