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Home My WebLink About96-06919 " \' \ , \ , \ " \" ,\ < '\' ,\, \\ 1.1 ",' LAW O""ICIIS BARBARA A. ZIMMERMAN, P.C. m N. 21Sr Ilr~I!l!T.IlUITI! 201. CAMP Hill. ~~ ;70; H7~ (7'717(J',,~ p'rIlzlmlJ1:.:~g~m~~~~ lIAABAM ^- ZIMMJ!l\MAN" "ab<! a.lmlnN tQ MP BIl' July GO, 200G Thoma8 Brumbach, Esq. THOMAS, THOMAs & HAFER, LLP 3011 N. Front Street Harrisburg, PA 17108 Marcus A. McKnight, III, Esquire 60 W. Pomtret Ce~'8Ie, PA 17013 Jon F. LIIFII"'r, Esquire 414 Bridge Street New Cumbe~lInd, PA 17070 Jem.s K. Jon.s, EsqUire 7 Irvine Rosd CB~lsl., PA 17013 REI St.ph.n o. cOllk'ln, Jr. v. Crown Am.rlcln Corporltloll ~o. 88-6818 . Clvl Term CIvil Action. Llw Deer Gentlemen: Per Ihe convereBtlons wllh your re8pectlve office8, Ihls 18 to Bd"Ise thllt I 1m .xcuslng myself, upon egreement by Ihe pertles. trom Ihe IIbov..menllontld arl;lllrBtlon. ThBnk you for your ellenllon to Ihls meller. Very Truly Yours, ;b{)N6-tu!J " Berbara A. Zlmm BAZllds Cc: Teryn N. Dixon Court Administrator THOMAS, THOMAS & HAFEf/, I.LP p"" J. Sp..~,r. fI,qul,. UJ. No. m~4 ~05 Norlh Froll' Sl,u' p. O. fJo~ 8" H'/1I'bulTI, PA mOB (717) ~BHB~4 AI/ollley for O,,.,,,J,"', STEPHEN G. CONKLIN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y. CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC.. CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, NO. 96-6919 CIVIL ACTION - LAW Defendant8 JURY TRIAL DEMANDED ANSWER The Defendants, by their attorneys, Thomas. Thomas & Hafer, LLP. an8wer the Plaintiffs Complaint, and set forth New Matter, as follows: 1. The Defendants, after reasonable Investigation, are without knowledge or Information sufficient to form a belief as to the truth of the averments. 2. It Is admitted that those are the names stated by the Plaintiff In the caption of thl8 aotlon. It 18 denied thet Crown American Corporation exists as a legal entity. It 18 specifically denied that Crown American Corporation and/or Crown American Assoolates, Inc.. have had any Interest or Involvement In the Capital City Mall at any time relevant hereto. 3. It Is admitted only that the Plaintiff was Involved In a physical altercation with one or more Individuals among a group of young men, on December 26, 1994. after 9:00 p.m. It Is denied that the Incident occurred Inside the Capital City Mall. Defendants. after rea80nable Investigation, are without knowledge or Information sufficient to form a belief as to the truth of the other averments as stated, 4, The Defendants, after reasonable Inve8tlgatlon, are without knowledge or Information sufficient to form Ii belief as to the truth of the averments, 6, It Is edmltted that there were et lee8t two (2) police officers or security offioers on duty. In fect, one of them was In the Food Court at the time of the elleged Incident. To the extent anything further Is alleged. the allegetlons are unclear, so, after rea80nable Investigation, the Defendants are without knowledge or Information suffiolent to form a belief liS to the truth of the other averments. 6, It Is admitted only that the Plaintiff was Involved In a physical altercation with one or more Individuals among a group of young men, on December 26, 1994, after 9:00 p.m, It Is denied that the Incident occurred Inside the Capital City Mall, Defendants. after reasonable Investigation, are without knowledge or Information sufficient to form a belief as to the truth of the other averments as stated, 7, It Is admitted that Plaintiff was transported by ambulance to Holy Spirit Hospital for treatment. Oefendants, after reasonable Investigation. are without knowledge or Information suffiolent to form a belief as to the truth of the other averments as stated. B-ll. Denied, It Is specifically denied that the Defendants ware negligent and careless, that proper and adequate care was not taken to provide a safe environment by having adequate security for those who went to the Capital City Mall and that any Injuries sustained by the Plaintiff were oeused by any conduct on the part of the Defendants, To the eldent anything further Is alleged, Defendants, after reasonable Investigation, are without knowledge or Information sufficient to form a belief as to the truth of the averments, 2 \, \ . , , I , ~ , b''''hY v,,,11")' Iblllllllll duly lIulhll"II'd III alve Ibl. verlllrllllll'l II h'blll' "' C,,"W" Am'"lrll" Prllll'"'l,,, 1..lt. I l'urlh,r verll')' Ihllllh, fllrl. rll"'III",d I" Ib, fll"'llIhlll A".w'r. III 1'llIhllllT'. Cllml'hllllllllld N,w Mllllfl' Ill" Iru, 11111' rllr"'rllll Ih' h'll IIf my kllllwl'da', lllf"rmll""" IIlld bell'f. I Ulld"'lllIlId 111111 fAIl, 1'11"11I''''1 "'lid, Im"lllllr' lubJ'd III Ihe Ilflllllll,. IIf 18 Itl\. C.S.A., S,rllll" 491)4, I'ehllhllllll UII.Wllrll flllllnrllllllllllll lIulhllrllle.. IIYI .J;1IV~/I.~.:Jt!eZ .....mlllyb IMe A {(l4 ~. cot!Y!q '. STEPHEN 0, CONKLIN, JR" PLAlNTIFlr : IN THE COUI~T 011 COMMON 11l.l~AS OF :CUMIlEIlLAND COUNTY, IIENNSYL VANIA : CIVIL ACTION. LAW : 96. 6 q 19 t.~ T.t-4tV , VS, CROWN AMERICAN COlUIOMTlON, CROWN AMERICAN ASSOCIATES, INC" CROWN AMElUCAN PROPElmES, A LIMITED PARTNERSHIP, DEFENDANTS : JUI~ Y TIUAL DEMANDED rJt~f:C;Jrl:; IIQR A WRIT Qf 5IJMMON5 To Lawrence E. Welller, Pro'hollOhll')'1 Please enler my appearallce 011 behalf oftlle plalntlll'ond against the defendants, CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC, AND CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHlIl and have the sherlll'serve tho Writ upon tho defendants, Tho defendants may be served as follows: Crown American Corporation Crown American Associates, Inc, Crown American Properties, a Limited Partnership Pasquerllla PlllZa Johnstown, PA IS907 Respectfully submllled, DYI Dato:-1Mc: .,'1.1 /.,,,,,, , . , ill ~ct)~~ . ~ i . g . . 'J:l ~ ~ . ~ ~ m~ ~~~ . ,., . 8 ~ ~ ; ml .S .~ ti,fIla 'II J '~~~M~ I t1 ~ ~~f~. ~ :!.l 'ifii t.& ! I' i .~ , '0\ Q U iC Ql..., I ~~l'l,", ~~f~ li~~j 0\ . (i~E fIl ~~s'~ ~ ~ ~ !,Ill ,~ ''I t! "," :-,)1 1". ; r.~ "I '1)" '0 "(~ l. : N I, f ~ i ' ~ ~re " , I " ~J f n (J I . t,..,: , " , \ '>III Iii I I ' , A'.t IIi! I 1\"'" "I 11'/ I i.1 II/III 111!1 I)) 1"1)111', 1.111'11'11111111<111 111'IiI'rllj~,)LV^"I^' '. II JlI,'1 III' .. 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')'" I , .';T!)') I). ! I 0: L, STEPHEN G. CONKLIN, JR., PLAINTIFF VS. CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC., CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, DEFENDANTS · IN THE COURT OF coMMoN PLEAS OF :CUMBERLAND COUNTy, PENNSYLVANIA · CIVIL ACTION - LAW i '96- 6qlq JURY TRIAL DEMAND~,D PRAECIPE FOR A WR/T OF SUMMONE To Lawrence E. Welker, Prothonotary: Please enter my appearance on behalf of the plaintiff and against the de~fendants, CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC' AND CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP and have the she'~iff serve the Writ upon the defendants. The defendants may be served as follows: Crown American Corporation Crown American Associates, Inc. Crown American Properties, a Limited Partnership Pasquerilla Plaza Johnstown, PA 15907 Date: By: Respectfully submitted, Mare~ A. l~Knig~it, 6~0 Wdst Pon~et Stgeet Carlisle, PA 1 (717)249-2353 Court I.D. #25476 Attorney for the Plaintiff Stephen G. Conklin Jr. Commonwealth of Pennsylvania County of Cumberland Stephen G. Conklin, Jr. Crown American Corporation, Crown American Associates, Inc. Crown American Properties, A Limited Partnership Pasquerilla Plaza Johnstown, PA 15907 No. Court of Con~ ~on Pleas 96-6919 Civil ~__x~_ ......... 19 .... Civil Action -[Law To _C_r__o__~n____A~xi~_~OKD,~_~r~ul_Am~rican Assoc., Inc. ,i Crown American Prop. You are hereby notified that Stephen G. Conklin, Jr. the Plaintiff has commenced an action in Civil Action - Law against you which you are required to defend or a default judgment ~nay be enteredi against you. ( SEAL ) Date December 23 19___9_6 Prothonotar~ By ___~__'_. ....... ._ _ _ Depu~ I I I I I I I I ! ! OUT cir" '-')Ni':I,ZN '""' CRiJWN AMKRICAN CORF F:T 5'. Thomas Kiine Sheriff, who be:Lng duly Slworr, according to law, says, that he made a diligent search and inquiry ifof the within Damcd defendant, to wit: CROWN AMKRICAN CORPORATION but: was unable, to t. ocate '¥hem in his bailiwick. deputized the sher'tff of CAMBRIA CCIIJNTY County, to serve %he within WR['I' OF blJMMON,_ tin ItaFch 5th, thc attached return from He therefore Pennsylvania, 199, ., hhis o~.iice was ir' recei.[,t of CAMBRIA C:ounty,i Fennsyivania. Shmriff's Costs: Docketing (~ut of C~unty ~;urcharqe CAMBRiA'COUNTY 18.00 9.00 o 00 54.00 ,;o answers: ' . - R/ Thomas Kline, Shei[iff MARCUS MCKN]GiIT 03/05/1997 ,w.or~ and subscribed to before me this 1/U..., dc, y of 7~ i '":~ ~ -/ A.P. Prothonotary SHERiFF"S RET'URN - OUT OF COUbiTY C,a.S~; NCi: 1006---,~3t-:,'~!? i-~ Ci)M~it]NWH/~.'?H L}~-' F"ENN~YLVANiA: .... lI.Nii' ilk' CUMBt<RLAND CI)NKL, IN ~3FI.71'~!,~HN !3 JR CRi.IWN AlJb]RiCAN CURF l-j'l' 't'h,_~mas i';l~.ne ~herili, who being dui); sworn according law, says, %hat he madc a dlligent search and inquiry for the within ~amc~d defendant, to wit: CRi3WN AMb:RICAN PF{OPb:R'l'[Ek~ but was unable to locate depu+..ized the shev~.£f of A i~i:Ml'rl{l) PARTNI,:RSlitP Them in his bailiwick, CAMBRIA COUNTY__ County, l{e therefore Pennsylvania. serve the within WRIT OF ~UMMONS On March 5th, 199'? ~ this oi~ice was in receipt of the attached return from CAMBRIA GtJtJNTY County, Pennsylvania, Sheriff's Costs: Docketing Out of County .~0 Surcharge 2.~ ~.8, OO MARCUS MCKN]GIIT 03/05/1997 and subscribed to before me I I'~ d~>, thonotary CI]NI<].IN S'Ti.jF'fI<]'~J G ,JR CRIjWN AMERICAN CORP l{'F AL Thomas Kline , Sheriff, who being duly sworn according law, says, that he made a diligent, search and inquiry for the withZn nsmed defendant, to wit: CROWN AMERICAN A~S[CIATES' } [NC I was: unable:, to locate rhem in his bailiwick. d~:~Pu+-iz~2~ the sheriff of (.:AMgl{[A g]IJNTY County, serve, the within Wt'~iT OP' SUMNlaNS On I~arch 5th, 1997 , t:his oflice was in thc attached return from CAMMRiA Q)IJNTY County, l{e therefore Pennsylvania. receipt oZ Pennsylvania, Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 2.00 So answers :~ R~ T~as Kline, Sheriff MA[~CUSMCKN] 03/05," 1997 Swam and subscribed to before me this iI~r~- day of ~ 19 ~_]__ A,D. Prothonotary ~tophen G. Conk~in, Jr. Crown American Properties, a Limi.ted Partnership Ye. 96-6q]9 C~vi] T~rm Dec. 24, 1996 Jan. 7, , ~ 97 :: 9: 30 o':!¢ck ..'..7 A him Wr{.t of~ ~q,,mmnnS -:--,, . -~ -'_-:._-==f. ~ ~.~' C/amb'ria , 3 S%e~hen G. Conklin, Jr. VS. Crown American Assoc%ates, Inc.. Ye. 96-6919 Dec. 24, 1996 Jan. 7 ~ Writ of Summons ,a 97 9:30 Crown American Associates. Inc. ~: Pasquerilla Plaza,J0hnstown,Cambria County,Pa. Dudenic.-k-~ secur;~"_~ Wr~il of Summons Co u~..:7', = 54. O0 'StEphen G. Conklin, Jr. Crown American Corporation Ye. g6-6g]g Civil T~rm Cambria h'ow: Jan, 7 !9 Pa~qn~rl 1 l n Pl nz~ _ Jnhhgtnwn; Cnmhr~ ~ Cn.nty; Pn _ zmd ~ ~ :~ him My costs paid by attorney for plaintiff, Security I STEPHEN G. CONKLIN, JR., PLAINTIFF CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC., CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 96-6919 CIVIL TERM : : CIVIL ACTION - LAW NOTICE TO DEFEND 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, order 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 maYibe entered against you by the court without further money claimed in the complaint or for any oder claim or relief requested by the plaintiff. You may lose money or property or other fights 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 WHEI~ YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to Comply with the Americans with Disabilities Act of 1990. For information about accessible facilitiVs and reasonable accommodations available to disabled individuals having business before the court, Please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. STEPHEN G. CONKLIN, JR., PLAINTIFF CROWN AMERICAN CORPORATION, : CROWN AMERICAN ASSOCIATES, INC.,: CROWN AMERICAN PROPERTIES, : A LIMITED PARTNERSItlP, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-6919 CIVIL TERM i CIVIL ACTION - LAW COMPLAINT AND NOW, this 8th day of May 2001 comes the plaintiff, Stephen Gi Conklin, Jr., by and through his attorneys, Irwin, McKnight & Hughes, and makes the followitlg Complaint against the defendants: The plainfiffis Stephen G. Conklin, Jr., is an adult individual residing at Spring Hollow Drive, Apartment I-5, Spring Grove, Pennsylvania 17362. The defendants are Crown American Corporation, Crown American AsSociates, Inc., and Crown American Properties, a Limited Partnership, with an address of Pasquerilla Plaza, Johnstown, Pennsylvania 15907. e On December 26, 1994, the plaintiff, Stephen G. Conldin, Jr., was severely beaten by a group of young men, numbering six or seven, between the ages of 16 and 20 years of age. The incident occun'ed inside the Capital City Mall as the mall was closing at approximately 9:00 p.m. 2 The young men involved in the incident had been hassling customers for some time on the evening of December 26, 1994, seeking money. There were at least two (2) security officers on duty at the Capital citY Mall on the evening of December 26, 1994, although they were not in the area of the entrance/exit of the Capital City Mall nearest the food court. The plaintiff, Stephen G. Conklin, Jr., was severely beaten by the group of men who were trying to rob him. He was beaten about the head and boty and was kicked and punched. The plaintiff, Stephen G. Conklin, Jr., was severely injured in the beating and was transported by ambulance to the Holy Spirit Hospital for treatment. The injuries sustained by the plaintiff was caused by the negligent and Careless actions of the defendants, in that proper and adequate care was not taken to provide a safei environment by having adequate security for those who enter the Capital City Mall. The negligent actions of the defendants, was the proximate cause of the injuriesi to the plaintiff, Stephen G. Conklin, Jr. 3 10. The plaintiff, Stephen G. Conldin, Jr., seeks compensation for the injuries, pain and suffering, and emotional distress caused by the negligent actions of the defendants. 11. The plaintiff, Stephen G. Conklin, Jr., seeks compensation for the medical expenses which he has incurred to treat his injuries which include the following: West Shore Advanced Life Support Services, Inc ............... $367.87 Holy Spirit Hospital ............................................................ 1,631.00 A. Z. Ritzman Associates, Inc ................................................ 445.00 Lower Allen Township Emergency Medical Sen4ces ........... .237.00 Total ............. $2,680.87 WHEREFORE, the plaintiff, Stephen G. Conklin, Jr., requests compensation and damages from the defendants, in the amount less than Twenty-Five ~ Thousant[ land no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Date: May 8, 2001 By: Respectfully submitted, IRWIN, MCKNIGHT & HUGHES Supreme Court I.D. No. 25476 Attorney for plaintiff 4 VERIFICATION The foregoing Complaint is based upon information wlhich has been gathered by counsel for the plaintiff in the preparation of this document. To the .extent that th~ document is based upon information which has been gathered by counsel, it is true and correa~:t to the best of the counsel's knowledge, information and belief. The undersigned is verilyii'g on behalf of the plaintiff according to 42 Pa.C.S.A. {} 1024(c)(2). The undersigned unCterstands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Secti¢ unsworn falsification to authorities. .n 4904, relating to Date: May 8, 2001 STEPHEN G. CONKLIN, JR., PLAINTIFF Ve CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC.,: CROWN AMERICAN PROPERTIES, : A LIMITED PARTNERSHIP, : DEFENDANT : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 96-6919 CIVIL TERM : CIVIL ACTION - LAW i CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referehced below and addressed as follows: Jean Chinni, Liability Claims Specialist Scott Wetzel Services 10314 Tower Hill Court Ellicott City, MD 21042 Date: May 8, 2001 By: IRWIN, McKNIGHT & HUGHES (717) 249-2353 Supreme Court I.D. No. 25476 5 THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 305 North Front Street P. O. Box 9gg Harrisburg, PA 17108 (717) 255-7644 STEPHEN G. CONKLIN, JR., Plaintiff Vo CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC., CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6919 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PLAINTIFF You are hereby notified to plead to the enclosed within twenty (20) days from service hereof or a default judgment may be entered u. u',. ! I.D. ~34 P. O Box 999 305 No~h Front Street Harrisburg, PA 17108 (717) 255-76~ Dated:2---/~ -~ ~ THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 305 North Front Street P. O. Box ggg Harrisburg, PA 17108 (717) 255-7644 STEPHEN G. CONKLIN, JR., Plaintiff CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC., CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND couNTY, PENNSYLVANIA NO. 96-6919 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER The Defendants, by their attorneys, Thomas, Thomas & Hafer, LLP, answer the Plaintiff's Complaint, and set forth New Matter, as follows: 1. The Defendants, after reasonable investigation, are witllout knowledge or information sufficient to form a belief as to the truth of the averments. 2. It is admitted that those are the names stated by the Plaintiff in the caption of this action. It is denied that Crown American Corporation exists as a legal entity. It is specifically denied that Crown American Corporation and/or Crown American Associates, Inc., have had any interest or involvement in the Capital City Mall ati any time relevant hereto. 3. It is admitted only that the Plaintiff was involved in a phySlcal altercation with one or more individuals among a group of young men, on December 26, 1994, after 9:00 p.m. It is denied that the incident occurred inside the Capital Ci~ Mall. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the other averments as stated. 4. The Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the averments. 5. It is admitted that there were at least two (2) police officers or security officers on duty. In fact, one of them was in the Food Court at the time of the alleged incident. To the extent anything further is alleged, the allegations are unclear, so, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the other averments. 6. It is admitted only that the Plaintiff was involved in a physiCal altercation with one or more individuals among a group of young men, on December 26, 1994, after 9:00 p.m. It is denied that the incident occurred inside the Capital CityiMall. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the other averments as stated. 7. It is admitted that Plaintiff was transported by ambulance to Holy Spirit Hospital for treatment. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the other averments as stated. 8-11. Denied. It is specifically denied that the Defendants Were negligent and careless, that proper and adequate care was not taken to provide a safe environment by having adequate security for those who went to the Capital City Mall aihd that any injuries sustained by the Plaintiff were caused by any conduct on the part of tlte Defendants. To the extent anything further is alleged, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief' as to the truth of the averments. 2 WHEREFORE, the Defendants respectfully request judgment in their favor and against the Plaintiff, plus costs. NEW MA TTER 12. The above answers and averments are incorporated herein. 13. The alleged injuries and damages were caused by third persons over whom Defendants had no control. ~ 14. The Plaintiffs alleged injuries and damages were caused by superseding, intervening causes for which Defendants are not responsible or liable. 15. The Plaintiff's alleged injuries and damages were caused by his own negligence. Accordingly, any recovery in this action is barred or musl~ be diminished in accordance with the Pennsylvania Comparative Negligence Act. 16. The Plaintiff's alleged injuries and damages were the iresult of his own assumption of the risk. Accordingly, any recovery in this action is barredi WHEREFORE, the Defendants respectfully request judgment in their favor and against the Plaintiff, plus costs. Date:.~-.~'~ ~ o '3, '"'~ & HAiER, LLP ~~?~ ~9~iker, Esqu' 305 ~lorth Front Street Harrisburg, PA 17108 (717) 255-7644 F'ERIFICA TION I hereby verify that I am duly authorized to give this verification 0 behalf of Crown American Properties, L.P. I further verify that the facts contained in the foregoing Answers to Plaintiff's Complaint and New Matter 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.A., Section 4904, relating to unsworn falsifications to authorities. Date By: Tammy Anseli CERTIFICATE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by' placing a c~py of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Marcus A. McKnight III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Dated: : 159541.1 THO FER, Pot~4~J. ~p~ia~:e~, ~sq u i re~. .~ , I.D. #-42834 ' P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 LLP THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 STEPHEN G. CONKLIN, JR., Plaintiff Vo CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC., CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, Defendants Attorney fo~ Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6919 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To: Curt Long, Prothonotary Please enter the appearance of the undersigned as counsel of irecord for Crown American Corporation, Crown American Associates, Inc. and Crown American Properties, a Limited Partnership, Defendants, in connection with the above matter. Date: THO S 1' S & HAFER, LLP I~eter J?, ~aker, Esquire I.D ~42~ P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 CERTIFICATE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of 'Thomas, ThOmas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a Copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Marcus A. McKnight III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Dated: : 158986.1 THO ~~S T,J~S & HAFER, LLP Peter j.V,, ~'~aker, Esquire I.D. #42 34 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 STEPHEN G. CONKLIN, JR., Plaintiff V. CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC. CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6919 CIVIL ACTION - LAW ORDER OF COURT foregoing petition, '( ~(./ arbitrators in the above-captioned action as prayed for. , in consideration of the , , Esquire, , Esquire iand , Esquire are appoimed By the Court, THOMAS, THOMAS & HAFER, LLP Peter J.. Speaker, Esquire I.D. No. 42834 Thomas S. Brumbaugh, Esquire I.D. No. 89037 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255- 7644 Attorneys fo~ Defendants STEPHEN G. CONKLIN, JR., Plaintiff V. CROWN AMERICAN CORPORATION, CROWN AMERICAN ASSOCIATES, INC. CROWN AMERICAN PROPERTIES, A LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6919 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATOR~ TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas, Thomas & Hafcr, LLP, counsel for the Defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in thc action is less than Twenty Five Thousand Dollars. The Defendant has not made a counterclaim. The following attorneys arc interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esquire; Peter J. Speaker, Esquire and Thomas S. Brumbaugh, Esquire. WHEREFORE, your petitioner prays arbitrators to whom the case shall be submitted. Dated: April 3, 2003 your Honorable Court to appoint three (3) Respectfully submitted, OMAS & I AFEK LLP Thomas S. Brumb~-~g~,Esquire ' Attorneys for D~nctan ts CER TIFICA TE OF SER VICE I, Thomas S. Bmmbaugh, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorneys for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Marcus A. McKnight III, Esquire Irwin, McKnight & Hughes 60 West Pomfi-et Street Carlisle, PA 17013 Dated: April 3, 2003 THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugl~ ~ I.D. No. 89037 .~ P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644