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Home My WebLink About00-00798 JdLi 5 2002 CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW v. NO. 2000.798 RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/dIb/a VILLAGE ASSOCIATES, a partnership, t/dIb/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants JURY TRIAL DEMANDED ~ AND NOW, this l0 day of , 2002, upon consideration of the Petition for Approval of Minor Petitioner for Approval of Minor Compromise and Settlement, IT IS HEREBY ORDERED AND DECREED lli_llL P~t:l;-;jl L Elfu ~,lDU aft iU~~ ....^Hl^1""w'11aJ.lbedjstnuUlvd"~L1L fI> ~ ~ <(1)< . V- Wi QQr,) dkr ?;e10t);J., cd ?--'3cJ/I./11, , - ~3-,. 't"" ~fI{) {t~ 1...., p~d Uu '-'....I1~.LH..,d ~11 BAI1;blcl of Petition) t T Tp u...~ Ll I.Ivu,,", Y LV J a.l"K~1JJJ> AmountJ'"' n .l..-L'-4IJ_ ~It. tlft'lit~ I ~ ...lLL,-,~u",-, J Y \.<""' aud BAp'-'HU.....U. J,~J,n;; \~w v[t&i!il,W) (29%) ",~d vAl".Ai!._ ". $3,550) ~"t~l P-L------.:;:7J.u- va.LOe or ~ettrp.rnf-" .Lv,vLlV BY THE COURT: ~~ 7/nlrY:a);;r, 'f".....L ~ I ~ . ~ DoJ..;., ~ ~ o-...eL ~ .--S.?? J. 247545/JD/BSB . I. -,"~. ~\' r~ ,,-r'e' r." I j~LH. '\-.-,", r 1,,,w V I - ,-r " ,. ,rr,,'wr"IOT'"'RV -,__C !',":: ~:-'; i,; ,:ul~ r\I il 02 JlIt. l'J PM 12: 56 CUN\dEiiL,Q,!D COUN1Y PHJNSYLVANiA "-- "'7' .:~_", _ ~,_,c__ " ' ,''''--''~-' ~-.." ~~" "---,-:"--' , j '" ,-, CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW v. NO. 2000.798 RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR COMPROMISE AND SETTLEMENT AND NOW, come Petitioners James and Carolyn Jackson, parents and natural guardians of Minor Plaintiff Cody Jackson, by and through their attorneys, Angino & Rovner, P.C., to present this Petition pursuant to Pa.R.C.P. 2039, and in support hereof avers as follows: 1. Petitioners James and Carolyn Jackson are the parents and natural guardians of minor Plaintiff Cody Jackson all of whom reside in Hampden Township, Cumberland County, Pennsylvania. 2. Minor Plaintiff Cody Jackson is currently eleven years old having been born on May 7, 1991. 3. On January 12, 1999, Minor Plaintiff Cody Jackson was sled riding behind his home on property owned and maintained by the RVG Defendants.! The RVG Defendants are RVG Management & Developrnent Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure t1d/b/a Village Associates, a partnership, t1d1b/a Hampden Village Mobile Horne Park. 247545/JD/BSB 1 4. On that day, Cody sledded into a raised manhole owned by Defendant Hampden Township and leased to Defendant Hampden Township Sewer Authority. 5. As a result of that, Minor Plaintiff Cody Jackson sustained serious, permanent and painful injuries to his mouth including but not limited to avulsion of four mandibular incisor teeth as well as trauma to maxillary central incisors. 6. Since the incident, Minor Plaintiff Cody Jackson has been treated by dentists, orthodontists, periodonists and oral surgeons. 7. Because of his age and the nature of his injuries, Minor Plaintiff Cody will continue to need care until he has matured and has stopped growing. A copy of the report of Minor Plaintiff's treating and surgeon is attached hereto as Exhibit A. 8. The instant action was filed on February 11,2000, and the parties have engaged in extensive litigation including Interrogatories, Request for Production of Documents and numerous depositions. 9. The RVG Defendants recently filed a Motion for Sununary Judgment which has been listed for argument on July 24, 2002, and to which Plaintiffs filed a Response. 10. Additionally, the case is completely ready for trial and in fact has been listed for trial for the September 2002 Civil Trial Term. 11. Counsel for the parties recently participated in a mediation and as a result of that mediation reached an agreement for a structured settlement with a present value of $90,000. A copy of the Structured Settlement Agreement is attached hereto as Exhibit B. 12. The settlement provides for an up front payment of $5,000 to Plaintiffs for past unpaid medical bills as well as anticipated medical bills up to the time Cody reaches eighteeen (18), when the permanent dental work outlined by Dr. Woods would be done. 247545/JDIBSB 2 13. After deduction of attorney fees and expense, which is more fully described below, $55,300 will be placed in an annuity with payment to Cody Jackson at age eighteen (18) ($22,928.37), twenty.one (21) ($16,091.24) and twenty-five ($71,867.36) with payment totalling $110,886.36. 14. Your Petitioners have retained the law fIrm of Angino & Rovner, P.c. to prosecute the instant action. Petitioners entered is to a contingency fee agreement whereby Angino & Rovner receives a fee for professional services in the amount of 30% of a case is settled prior to starting suit, 35% of the case is settled while in litigation, and 40% of the case is prepared for trial. 15. On behalf of Minor Plaintiff Cody Jackson and Petitioners, Angino & Rovner engaged in extensive litigation for almost three (3) years, and the case was prepared and listed for trial. 16. Because of the nature of the claim and the age of the minor, Angino & Rovner has agreed to reduce its fee from 35% pursuant to the contingency fee agreement and has agreed to accept 29%, or $26,150.00. 17. Pursuant to the contingency fee agreement, Angino & Rovner is entitled to be reimbursed for its reasonable out-of-pocket. In this case, Angino & Rovner, P.C., incurred expenses for such things as investigative expenses, medical records, photographs, litigation expenses, copies, postage, etc. The expenses in this case are $3,550.00.2 18. Your Petitioners James and Carolyn Jackson believe that the settlement described herein represents a fair settlement offer given the injuries sustained by their son, Cody, and the 2 For simplicity, the structure proposal in Exhibit B shows an attorney fee of $29,700, which is 33% of the total present vtllue. As explained in paragraphs 16 and 17, this represents both attorney fee and expenses, i.e., $26,150 plus $3,550 equals $29,700. 247545/JD/BSB 3 "I inherent risks of trial, and further that the settlement is in the best interest of Minor Plaintiff Cody Jackson. 19. Petitioners have attached two proposed Orders. One proposed Order is in the event that the Court finds that a hearing is necessary, and the other proposed Order grants the Petition and approves settlement should the Court feel satisfied with the instant Petition. WHEREFORE, Petitioners James and Carolyn Jackson respectfully request approval of this compromised settlement. Respectfully submitted, Date:'7jl,/ol..- ANGINO & ROVNER, P.C. \~~W James DeCinti, Esquire LD. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 247545/JD/BSB 4 _'___;; n,,_ - VERIFICATION We, CAROLYN JACKSON and JAMES JACKSON, verify that the facts set forth in the document are true and correct to the best of our knowledge, information or belief. I understand that this verification is made subject to the provisions of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. ~~~ CAROLYN JACKS N ~WV~ AMES JACKS DATED: 7jl'iJ{tfi- - I It;'_. WOOD & MYERS ORAL AND MAXILLOFACIAL SURGERY, P.e. " A. Bailey Wood, D.D.S. Board Certified Robert L. Myers, D.M.D., M.B.A. Board Certified American Board of Oral & Maxillofacial Surgery January 25, 2002 Mr. James DeCinti 4503 North Front Street Harrisburg, Pa 17110-1708 RE: Cody Jackson Dear Mr. DeCinti, With regards to Cody Jackson, please be advised that we have been following this patient every six months since the last time we had reported to you on June 25, 1999. Specifically we have been watching and observing his soft and hard tissue healing along with the progress of the orthodontic treatment being rendered by Dr. Minium and Dr. Kearns. As you well know, as a result of a sledding accident, Cody Jackson traumatically had avulsed the four mandibular incisor teeth and severely traumatized both of his maxillary central incisors. The orthodontic appliances have been necessary to maintain the space and to level and align the arches so that future restorations can be provided that will replace the avulsed teeth. The condition of the maxillary central incisors is still guarded and I would not be surprised in the future if he in fact loses those teeth. There is no doubt that in the future Cody is going to require implant restoration of his mandible and possibly his maxilla. In the mandible four implants would be required along with a possible bone graft. In the maxilla if the two central incisors are lost, two additional implants would be required there also. Bone augmentation may be necessary due to the loss of bone as a result of this sledding accident. Cody's potential surgical fees that include the replacement of six teeth with cylinder implants and bone augmentation of both anterior mandible and maxilla would be somewhere in the range of nine to twelve thousand dollars. That is strictly a surgical fee; restoration of those areas by a prosthetic rehabilitation would be in the neighborhood of six to eight thousand dollars. This is, of course, today's fees. Ideally Cody would not be restored with implants until his facial growth is completed. His birth date is 1991; we would expect that he would need another seven to eight years for facial growth before 207 South 32nd Street Camp Hill, PA 17011 (717) 763-1970 FAX (717) 975-2891 I -"" ~ ~'." A. Bailey Wood, D.D.S. Robert L. Myers, D.M.D., M.B.A. these implants could be p1a,ced. Obviously the fees for these procedures will be higher. But in today's dollars this would be about the range he could expect. There is no doubt that all these injuries and the treatment necessary are within a reasonable degree of medical surgery are a direct result of his sledding accident. Trusting this meets with your satisfaction and if any additional information is necessary please do not hesitate to give my office a call. (}iJ~.L ~ / r~ ~- ) . . A. Bailey Wood, D. D. S. ABW/kiq ~ ~ Ie . . FIREMAN I S FUND INSURANCE COMPANY 777 San Marin Drive Novato, CA 94998 BENEFIT COST StJlll/MARY FOR CODY JACKSON Sex: Male A$e: 11 DOB: 05/07/1991 Rated Age: 11 Purchase Date : 07/08/2002 Rate Series : B03262 Claim No : 610-99-804723-00-00 ITEM GUARANTEED EXPECTED COST ---------.-------------------------- ------------- ------------- ------------- LUMp SUM AT AGE 18 $22,928.37 lump SUlll guariilnteed, payable on 05/07/2009. $22,928.37 $22,928.37 LUMp SUM AT AGE 21 $16,091.24 lump sum guaranteed, payable on 05/07/2012. $16,091.24 $16,091.24 LUMP SUM AT AGE 25 $71,867.36 lump sum guaranteed, payable on 05/07/2016. $71,867.36 $71,867.36 $16,000 $9,000 $30,300 ------------- ------------- ------------- TOTALS ... & . . . . . I . ~ . . . . . . . ~ . . ~ . . . . $110,886.97 $110,886.97 $55,300 ------------- ------------- ------------- Front Money To Claimant....." .... Attorney Fee. . . . , , . . . . . . . , .. . .. . . . $5,000 $29,700 $$,000 $29,700 $5,000 $29,700 ------------- ------------- ------------- GRAND TOTALS W/ CASH..... ...... ... $145,586.97 $145,586.97 $90,000 * This illustration is inclusive of all related administrative expenses. * This 'illustration expires 7 days from the Quote Date. * This is an illustration only and is subject to approval by Fireman's Fund Insurance Company. Fireman'S Fund Insurance Company will not be bound by any improper quote. Prepared by : RAYMOND GIORGETTI page: 1 Quote Date: 06/28/2002 ~0I0/a3Vj'r:4 c:trqC:R!;'?J"[)'Ih:nl Dlc:\h>' kRJ ;:::JqC f.JTWflH ...., :1,ln~~ OlOl:oa ;:::JlACO_~::J *,-.In... - ,.. CERTIFICATE OF SERVICE I, Betty S. Berdanier, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of the foregoing PETITION FOR APPROVAL OF MINOR SETTLEMENT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Charles J. Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY 1500 Market Street, Suite 1550 Philadelphia, PA 19102 Counsel for Hampden Township and Hampden Township Sewer Authority Paul F. Lantieri, Esquire BENNETT, BRICKLlN & SALTZBURG, L.L.P. 100 South Queen Street, 3rd Floor Lancaster,Pl\ 17603 Counsel for RVG Management and Village Associates ~d~ Betty S. erdanier Dated: 7?~L 247545/JD/BSB 1Id_':"''''''- ,.",".1 ~. .. d', , -~..'-.\,,- '~ '.0;",,,;;,,0. ,." o. ; ".> ., ..'0>'0 'm,oA/.>.. 0'0'.'.. . t_ ~ .. () 0 0 C 1'.) -n ~. ,- ~;~ -r.JCJ c= nlrtl ,. Z:;::r ~_gt;:J Vj~-~ '" -<L ::::~Q ~CJ -r::~ ::r:.+.! J:q ::;,:: 9(') ~() w C5rn p,.=. "'.~. -4 ~ CJ.) "~ ::0 I'" -< "';]1. -- "--~ ~ - -;";::f-- ~'~ , '0 ,~"' . CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tJd/b/a VILLAGE ASSOCIATES, a partnership, tJd/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CNIL ACTION - LAW NO. 2000.798 JURY TRIAL DEMANDED '" ORDER AND NOW, this L day of August, 2002, upon consideration of the Petition for Approval of Minor Compromise and Settlement, on behalf of Minor Plaintiff Cody Jackson (DOB May 7,1991), IT IS HEREBY ORDERED AND DECREED that the Petition is GRANTED and the proceeds of settlement shall be distributed as follows: Up Front Money to Jacksons: $5,000 Amount to Purchase Annuity: $55,300 (to be paid as outlined in Exhibit B of Petition) Attorney Fee and Expenses: $29,700 (fee of$26,150 (29%) and expenses of $3,550) Total Present Value of Settlement: $90,000 BY THE COURT: 247545/JDIBSB 6 J. ~ ~ '-.J' "V ~ ~ ~t ~' t, ~l Ii t ~~ ~)\ (, ~ o C :=- "Uta ~~p 7r. G'5,,1;; ;:$~.. :::::C) );> 20 '>::"0 -c ~ , - c:::J J'\,) <::> -,,--,,-,,-;"" o l"o.l "'" ,..... G':i I ....., C) --n ~~-j 1'''i~FD "",'-'11; :-60 21. .,u "-'--,... a:H C?O OfTl s;! :n -< "'" -m' _I.~ ~ ~-" ~" ,.. " PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON, Plaintiff v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tJdIb/a VILLAGE ASSOCIATES, a partnership, tJdIb/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, Defendants No.2000.798 Civil 1. State rnatter to be argued (i.e., plaintiffs rnotion for new trial, defendant's dernUITer to cornplaint, etc.): MOTION FOR SUMMARY JUDGMENT OF JAMES AND CAROLYN JACKSON TO CROSSCLAIM OF DEFENDANT RVG MANAGEMENT & DEVELOPMENT CO. 2. Identify counsel who will argue case: a. for plaintiff (Crossc1aim Defendants): Scott Cooper, Esquire b. for defendant: Paul F. Lantieri, Esquire 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 22, 2002 Date: L}ho) 02. h(Jv r Scott B. Cooper, Attorney for Plaintiffs/Defendants ~- , '-I ,.. .. CERTIFICATE OF SERVICE AND NOW this 30th day of April, 2002, I, Shawn T. Peterson, hereby certify that J have this day served a true and correct copy of the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James DeCinti, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Bennett, Bricklin & Saltzburg, LLP 100 South Queen Street Third Floor Lancaster, PA 17603-5368 Counsel for Harnpden Township Charles J. Daly, Esquire Carnpbell, O'Keefe, Nolan & Daly Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 Counsel for RVG Management and Village Associates SCHMIDT, RONCA & KRAMER, P.C. BY: ~~ Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 ..~-.~-~ '~-' ~[:T , ~-lillitl!ill ~~~-..l~_" . ,~- MI n~1ll1r!1i1i << J ~ .. j,C--,,' , 'I~ - "".'w"'--_ - ., c., o ~ ~f~ Z(' (f,_:\, -< ~~~, r:: c::: '- ~:() 5>2 2: -.~ -< , \) . .- 0- 1'0 () n 3: :-i~ -'. ~ '.0 --.--,1":-1 -''---! . '"-;'~ -) .!.. lS) , , ~;!.{~5 Of"n ~ -< ':? o ..,.. CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tJd/b/a VILLAGE ASSOCIATES, a partnership, tJd/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants ORDER AND NOW, this _ day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-798 JURY TRIAL DEMANDED , 2002, upon consideration of the Motion for Summary Judgment of James and Carolyn Jackson to Crossc1aim of Defendant RVG Management & Development Co., IT IS HEREBY ORDERED AND DECREED that the Motion for Summary Judgment is GRANTED and that Defendants' Crossc1aim against James and Carolyn Jackson is dismissed with prejudice. BY THE COURT: J. CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/dJb/a VILLAGE ASSOCIATES, a partnership, t/dJb/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants :---:'-<"-.1 -.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL ACTION - LAW NO. 2000-798 JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT OF JAMES AND CAROLYN JACKSON TO CROSSCLAIM OF DEFENDANT RVG MANAGEMENT & DEVELOPMENT CO. I AND NOW, come Crossc1aim Defendants James and Carolyn Jackson, by and through their attorney, Schmidt, Ronca & Kramer, P.C., and hereby file the within Motion for Sununary Judgment to the Crossc1aim of Defendant RVG averring as follows: 1. Plaintiffs in this case are Cody Jackson, a minor, and his parents James and Carolyn Jackson. At the time of the incident in this case, Cody was seven (7) years old having been born on May 7, 1991. 2. Cody Jackson was seriously injured on January 12, 1999, while sled riding in the conunon area of the mobile home park where he resided and which was owned and maintained by the RVG Defendants. Cody sledded face first into a raised manhole owned by Defendant Hampden Township and leased to Defendant Hampden Township Sewer Authority. Reference to RVG Management & Development Co., or RVG is also reference to Defendants Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure tld/b/a Village Associates tld/b/a Haropden Villlage Mobile Horne Park. 1 II '1;-,', _ il --,--,' ,-I~ 3. The instant action was initiated by Complaint filed on February 11, 2000. 4. On or about March 14, 2000, the RVG Defendants filed an Answer with New Matter to Plaintiffs' Complaint, which included New Matter under Pa.R.C.P. 2252(d) against Cody's parents James and Carolyn Jackson.2 5. The RVG Defendants alleged that Cody's parents were negligent III their supervision of minor Plaintiff on the day of the sled accident. 6. Mr. and Mrs. Jackson retained separate counsel as to the Crossclaim and an Answer was filed on July 10, 2000. 7. Discovery has ensued over the course of the last two years, including Interrogatories, Request for Production of Documents and numerous depositions. 8. The record in this case reveals that the RVG Defendants have failed to produce evidence of facts essential to their claim of negligent supervision by James and Carolyn Jackson of minor Plaintiff Cody Jackson. 9. In fact, as the records reveals, there is absolutely no evidence whatsoever to support the claim of the RVG Defendants that Cody's parents, James and Carolyn Jackson were negligent in their supervision of Cody on January 12,1999. 10. As such, Sununary Judgment in favor of Crossc1aim Defendants James and Carolyn Jackson is appropriate and should be granted by this Honorable Court. 11. James and Carolyn Jackson will file a comprehensive Brief in Support of their Motion for Sununary Judgment on or before May 10, 2002. 2 The RVG Defendants also fIled a Crossclairu agaiost the Haropden Township Defendants. Ou or about March 24,2000, the Hampden Township Defendants filed an Answer with New Matter to Plaiotiffs' Complaiot which raised a Crossclairu onlv against the RVG Defendants. 2 I II it WHEREFORE, Crossclaim Defendants James and Carolyn Jackson respectfully requests that this Honorable Court grant their Motion for Sununary Judgment and dismiss the RVG Defendants' Crossc1aim against them with prejudice. Respectfully submitted, Date: #~o)OZ SCHMIDT, RONCA & KRAMER, P.C. A!ik Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 3 CERTIFICATE OF SERVICE I, Scott B. Cooper, an employee of the law firm of Schmidt, Ronca & Kramer, P.C., do hereby certifY that I am this day serving a true and correct copy of the foregoing MOTION FOR SUMMARY JUDGMENT OF JAMES AND CAROLYN JACKSON TO CROSSCLAIM OF DEFENDANT RViG MANAGEMENT & DEVELOPMENT CO., upon all counsel of record via postage prepaid first class United States mail addressed as follows: Charles J. Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY 1500 Market Street, Suite 1550 Philadelphia, P A 19102 Counsel for Hampden Township PaulF.Lantieri,Esqurre BENNETT, BRICKLIN & SALTZBURG, L.L.P. 100 South Queen Street, 3 rd Floor Lancaster, PA 17603 Counsel for RVG Management and Village Associates James DeCinti, Esqurre ANGINa & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 1711 0 4#f// Scott B. Cooper Dated: LJ po j<!J 2 o ,~; 1:,'[1., Q}U: "":::_ __L' --;::7 [ V',;> ..,<...,' ~~ ~~~ ~~~ Z -j -~ r::J '" o -11 ~" -''.,"- :~~,'" -<: n---< ---:~; -'1 -,.',T;,~ :~1~ ~~ ~~~ '-.-",- <---1 :r> :D -< -'0 r:-? ::0 .r- ..- . CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. RVG MANAGEMENT & : CIVIL ACTION - LAW DEVELOPMENT CO.; ROBERT V. GOTHIER, SR.; JACK R. LEISURE; RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a : NO. 2000-798 VILLAGE ASSOCIATES, a partnership, t/b/d/a HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please remove the MOTION FOR SUMMARY JUDGMENT OF JAMES AND CAROLYN JACKSON TO CROSSCLAIM OF DEFENDANT RVG MANAGEMENT & DEVELOPMENT CO. from Argurnent Court on May 22,2002 in the above- captioned action without prejudice. Thank you. Respectfully subrnitted, SCHMIDT, RONCA & KRAMER, P.C. Byfl Scott B. Cooper, Esquire l.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 . Attorney for Additional Defendants James and Carolyn Jackson Date: May 6, 2002 - --" ~;-j ?""". CODY JACKSON, a minor, by and through his parents and natural PENNSYLVANIA guardiaris, JAMES and CAROLYN JACKSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs v. RVG MANAGEMENT & : CIVIL ACTION - LAW DEVELOPMENT CO.; ROBERT V. GOTHIER, SR.; JACK R. LEISURE; RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a : NO. 2000-798 VILLAGE ASSOCIATES, a partnership, t/b/d/a HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY JURY TRIAL DEMANDED CERTIFICAT:E OF SERVICE AND NOW, this 6th day of May, 2002, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James DeCinti, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Paul F. Lantieri, Esquire Bennett, Bricklin & Saltzburg, LLP 100 South Queen Street Third Floor Lancaster, PA 17603-5368 Charles J. Daly, Esquire Campbell, O'Keefe, Nolan & Daly Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 By: fHMIDT' RONCA" KlWIER, P.C. * Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 ili~'~ 'liIIIIiriMWMIi~W-" "'''''llIi.'ilIi~-~~ .llI@jJ~'Gjll~~~"-"'~ -~ 1,,0 ~""'l'- ; ,J".~ ~ "e' .,-' ~" , ~ " , IJ - () c:- <"' v'p2:; fJJrY- 6f~E' -<:.. r-' , !5S ~ 53 , :';1 '-1 C, f'\j ~ ",'"~ I ""-oJ ~ _J". ",.. . --- C) -;J ;:-~~ -.--,-., .'-, 1--"",: 'J -2j~d ~~l ~~1 C). i-; ~~,. .~ ~ "'L' .-- ,-~~ .~ LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: Charles J. Daly, Esquire Attorney I.D. No.: 28200 Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 CODY JACKSON, a minor, by and through his ) parents and natural guardians, JAMES and ) CAROLYN JACKSON, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/dIb/a VILLAGE ASSOCIATES, a partnership, t/dIb/a HAMPDEN VILLAGE MOBILE HOME PARK, Defendants. ~,__",' ",- ","",;~C:'-6-'~-,k;';_';'-"-' '-",--', -'I- '''I~B; "- ,_ ''; -__. ," 'i~, ATTORNEY FOR Defendant HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2000-798 ANSWER OF DEFENDANT HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY TO COMPLAINT OF PLAINTIFFS WITH NEW MATTER AND NEW MATTER PURSUANT TO PA R.C.P. 2252d 1. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 2. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 3. The allegations contained in this paragraph are directed to a party other than answering defendants. ,-oJ i ,'-,,-"" ",,__~~ l, ,__" ,.';,;,h',- ,--,_0' ""'~'_'" ",- '.i,~'2;-, 2000.798 4. The allegations contained in this paragraph are directed to a party other than answering defendants. 5. Admitted. 6. The allegations contained in this paragraph are directed to a party cther than answering defendants. 7. The allegations contained in this paragraph are directed to a party other than answering defendants. 8. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 9. Denied. After reasonable investigation, answering defendants are without knowledge <r information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 11. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. -2- . '-" ,.' ,- ~,,-, '. -,.,--,' -.:.;.;- . ~-'- j, -, '-"-'''"-''-1''''''''' ,,' ,-_. 2000.798 14. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 16. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 17. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 18. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 19. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 20. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. COUNT I PLAINTIFFS v. ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE, t/dlb/a VILLAGE ASSOCIATES, a partnership, t/dlb/a HAMPDEN VILLAGE MOBILE HOME PARK 21. Answering defendant incorporates by reference its answers to paragraphs 1 through 20 of the Complaint of plaintiffs as though the same was set forth at length herein. -3- . ,- r.> -"'...1,';;;', ','''~' _ ."" , -.-",= -'~i 2000.798 22. The allegations contained in this paragraph are directed to a party other than answering defendants. 23. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. COUNT II PLAINTIFFS v. RVG MANAGEMENT AND DEVELOPMENT COMPANY 24. Answering defendant incorporates by reference its answers to paragraphs 1 through 23 of the Complaint of plaintiffs as though the same was set forth at length herein. 25. The allegations contained in this paragraph are directed to a party other than answering defendants. 26. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. COUNT III PLAINTIFFS v. HAMPDEN TOWNSIDP AND HAMPDEN TOWNSHIP SEWER AUTHORITY 27. Answering defendant incorporates by reference its answers to paragraphs 1 through 26 of the Complaint of plaintiffs as though the same was set forth at length herein. 28. Admitted in part and denied in part. It is admitted that the manhole cover in question and attending sewer lines are owned by the Hampden Township Sewer Authority and leased to defendant, Hampden Township and operated by defendant, Hampden Township. 29. Admitted. 30. Denied. Answering defendant specifically denies any and all allegations of negligence. The answering defendant further specifically denies that the manhole cover in question constituted a "dangerous" condition. Therefore, there was no need to inspect or eliminate any alleged dangerous condition or to warn plaintiffs of any alleged dangerous condition. Answering defendant further - 4- ~__. '~ -", ; '_"fu '-" ': ---", ,'^'- ""--,)~_o """"-^'.'"'-I -.- .- ,~" -""-'" ,-,-~ --t.>,"1 2000.798 specifically denies that it knew or should have known that the manhole cover posed a danger of bodily harm like the harm suffered by the minor plaintiff. Lastly, the manhole cover at issue was constructed and maintained in accordance with industry standards and applicable regulations. 31. Denied. It is specifically denied that the manhole cover constituted a "dangerous" condition or that it posed a reasonably foreseeable risk of injury to the plaintiff. 32. Denied. Answering defendant specifically denies that it had actual notice of the existence of any dangerous condition prior to the incident in question. Answering defendant further specifically denies that there existed a dangerous condition at any time prior to the incident in question. 33. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. WHEREFORE, defendant Hampden Township and Hampden Township Sewer Authority demand that judgment be entered in their favor and against plaintiffs plus costs and expenses of suit. NEW MATTER 34. Any recovery in this action is limited or barred under the provisions of tre Pennsylvania Comparative Negligence Act. 35. The negligence of the plaintiffs was a substantial factor in bringing about the accident and injury alleged and this negligence operates to bar or limit the damages asserted. 36. The plaintiffs had notice and knowledge of the conditions alleged to have caused the accident and did knowingly and willfully, encounter these conditions and did assume any risk of injury that could arise. The claim of plaintiffs is barred by the assumption of risk. 37. The answering defendants did not maintain or control the area alleged to be defective and had no duty to the plaintiffs. 38. The plaintiffs failed to take reasonable measures to cure the injury or prevent further injury or loss from taking place, and did fail to mitigate the damages asserted. - 5 - "" - ,,-' ,.-'1 ,,"~"~' , ">-' ,,~.~. .,,~,>,,-_,-, '.'V' '~"'-"''''.I-'' -"-"'~ >_-';___~, 2000.798 39. The answering defendants are entitled to govenunental inununity pursuant to 42 Pa.C.S.A. 8541, and no exception to this inununity has been pleaded by the plaintiffs. 40. The damages asserted by plaintiffs are limited by the provisions of 42 Pa.C.S.A. 8549, and Pa.C.S.A. 8553. 41. Plaintiffs have failed to file the appropriate Notice of Defect as required under the provisions of 42 Pa.C.S.A. 5522, and this claim is barred. 42. Answering defendants cannot be obligated for pre-judgment interest pursuant to 42 Pa.C.S.A. 20043. 43. Plaintiffs' cause of action against answering derendants is barred by any other defense and/or affirmative defense that may become apparent during discovery or at the time of trial. 44. If plaintiffs suffered any injuries/damages as alleged, they were caused solely and primarily by the carelessness, recklessness, negligence of other third parties, who may be presently unknown to the answering defendants over whom the answering defendants had no control and no legal duty to control. WHEREFORE, defendants Hampden Township and Hampden Township Sewer Authority demand that judgment be entered in their favor and against plaintiffs plus costs and expenses of suit. CROSSCLAiM OF DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY AGAINST DEFENDANTS RVG MANAGEMENT AND ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE, tJd/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a HAMPDEN VILLAGE MOBILE HOME PARK PURSUANT TO Pa.R.C.P. 2252(d) The Plaintiffs Complaint is incorporated without admission or adoption. In the event plaintiffs, Cody Jackson, a minor, by and through his parents and natural guardians, James and Carolyn Jackson, prevails against cross-plaintiffs, Hampden Township and Hampden Township Sewer Authority, the cross-defendants, RVG Management and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman, and Bradley C. Leisure, Vd/b/a Village Associates, A Partnership, -6- . " - ~" '-' '~, ~ --.-, ,-, ,--,,~,"""- _', Y_'-d' ;~-' ~".' h,"I~-_ "_.~",, __,_ -';1 2000.798 tJd/b/a Hampden Village Mobile Home Park, would be jointly or severally liable for the same cause of action and damage. The cross-defendants, RVG Management and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman, and Bradley C. Leisure, tJd/b/a Village Associates, A Partnership, tJd/b/a Hampden Village Mobile Home Park, would be liable over to cross-plaintiffs, Hampden Township and Hampden Township Sewer Authority, for contribution or indemnification, including all costs associated with defense of the litigation and actual attorney fees. CAMPBELL, O'KEEFE, NOLAN & DALY By r?c~{ltU Charles J. Daly, uire Attorney for Defendant Hampden Township and Hampden Township Sewer Authority - 7 - ri.' ~ ~~~ .- ~- , .,' ,='--'"-"~'>'''''rs- .",.'-!..;_, CERTIFICATE OF SERVICE AND NOW, this Day of March 24, 2000, I, Charles 1. Daly, Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attorneys for the Defendant, Hampden Township and Hampden Township Sewer Authority, hereby certifY that I, this day, served the within Answer to Complaint of Plaintiff, by United States Mail, postage prepaid, in Philadelphia, P A, addressed to the parties or attorneys of record as follows: Attorneys for Plaintiff, Cody Jackson, a minor by and through his parents and natural guardians, James and Carolyn Jackson James DeCinti Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, P A 1711 0 Attorneys for Defendant, RVG Management & Development Co., Robert V. Gothier, Sf., Jack R. Leisure, Ronald M. Katzman Paul F. Lantieri Bennett, Bricklin & Saltzburg, LLP 100 South Queen Street 3rd Floor Lancaster,PA 17603.5368 CAMPBELL, O'KEEFE, NOLAN & DALY BY: es J. Daly, 13 uire Attorney for DeB ndant Hampden Township and Hampden Township Sewer Authority L:\965IIProofby Mail 03-24-00.doc . 1 . ,-- ,,' ,,' -, "'~ "-"'I'9'~'-""~' c,>,;,., ',,_ """'. VERIFICATION I, John E. Bradley, Jr. of Hampden Township, do hereby verifY that I have read the foregoing Answer to Complaint with New Matter and state that the averments therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly make false averments I may be subject to criminal penalties. ',"', Date: J./2..I/OD Jackson - 1 - " J."-" ~-'"'" - ~ , , -, '."'~ ~Jt!li:!-- ,-.. if .-., " 0 n a 0 c: c> "Tl ~ -:r.: """OU) '.:,.. ;:1 fT1n~ :;0 2c:n N -rJm ~?E -.l ~'~:~S . .......-.., :;~' ~~~ ..-->...-,...' v :3;; -, "",' z~ ~ ;:--- C.... r;~) ~' .J>C , ~ ..".. ::D -< u:, -< ~ , +LA W OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: Charles J. Daly, Esquire Attorney I.D. No.: 28200 Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 CODY JACKSON, a minor, by and through his ) parents and natural guardians, JAMES and ) CAROLYN JACKSON, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE Vd/b/a VILLAGE ASSOCIATES, a partnership, Vd/b/a HAMPDEN VILLAGE MOBILE HOME PARK, Defendants. ATTORNEY FOR Defendant Hampden Township and Hampden Township Sewer Authority COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2000-798 ANSWER OF DEFENDANT HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY TO NEW MATTER CROSSCLAIM OF DEFENDANTS RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHlER, SR., JACK R. LEISURE, RONALD M. KATZMAN AND BRADLEY C. LEISURE T/D/B/A VILLAGE ASSOCIATES, A PARTNERSHIP, T/D/B/A HAMPDEN VILLAGE MOBILE HOME PARK 43. Denied. The averments of paragraph 43 of the Answer with New Matter of defendant RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure Vd/b/a Village Associates, a partnership, Vd/b/a Hampden Village Mobile Home Park state conclusions of law that require no responsive answer and are deemed denied. WHEREFORE, defendant, Hampden Township and Hampden Township Sewer Authority demand that judgment be entered in their favor and against defendants, RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure Vd/b/a Village Associates, a partnership, Vd/b/a Hampden Village Mobile Home Park plus costs and expenses of suit. ~'~ '. ;".' ,,'~'~ ,. '.',,,"," ~"w', t,' ",,~~ '~,',: ~_-"'",, ~-;;", /;--,':1,,-,'_ '--'k',- ~' ", 2000.798 , CAMPBELL, O'KEEFE, NOLAN & DALY ~ I _..- By: . Char es J. Daly, uire Attorney for Defendant Hampden Township and Hampden Township Sewer Authority L:196511Pleading 03-29-00.doc .2. -',',,""< -- .""~~ -', ''L'",,',._ .,' '''I.j..,;".y~._,,'.',':, , VERIFICATION I, Charles J. Daly, Esquire, hereby state that I am the attorney for Hampden Township and Hampden Township Sewer Authority, and being authorized to do so, state the facts contained in the within Answer to New Matter Cross.claim are true and correct, to my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly make false averments I may be subject to criminal penalties. CL-t!}kA Charles J. Daly / Date: :>"'3 1 /00 Jackson L:\9651\Attomey Verification 03-29-00.doc .1. - ~ '" "" "'" - '", ,'.-'-'- -p:"-~',,,~ - -' . CERTIFICATE OF SERVICE AND NOW, this Day of March 31, 2000, I, Charles J. Daly, Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attorneys for the Defendant, Hampden Township and Hampden Township Sewer Authority, hereby certifY that I, this day, served the within Answer to New Matter Cross-claim of Defendants, RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure t/d!b/a Village Associates, a partnership, t/d!b/a Hampden Village Mobile Home Park, by United States Mail, postage prepaid, in Philadelphia, P A, addressed to the parties or attorneys of record as follows: Attorneys for Plaintiff, Cody Jackson, a minor by and through his parents and natural guardians, James and Carolyn Jackson James DeCinti Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, P A 17110 Attorneys for Defendant, RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman Paul F. Lantieri Bennett, Bricklin & Saltzburg, LLP 100 South Queen Street 3rd Floor Lancaster, P A 17603.5368 CAMPBELL, O'KEEFE, NOLAN & DALY Hampden Township Sewer L:\965IIProofby Mail 03.24-00.doc - 1 . ..--..,-~- '~, . .,~- 0 0 0 c:: (:J, ~n ~ _'1:"-AI -0 IT) "V t; f11 f'n ;co ;;,':; 2>- . . .-'~-:-.::: Zr I -, !-n (/J,p: C.V ~j($ fJ~~ :3? ":-:'-;--'1 ~...t.J ---. 1:,:';;0 ~O ~ ;";::~rn Pc: , ~, 2: :::l "1j :< ~D (:) -< . .- ...:.!li1I> .~I - '''I i . ,... 'w. BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire lD. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R Leisure, Ronald M Katzman and Bradley C. Leisure, tJd/b/a Village Associates, a partnership, 1!dfbla Hampdw Village MObile Home Pmk CODY JACKSON, a minor, by and through his p/nlg, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION . LAW RVG MANAGEMENT & DEVELOPMENT CO., DOCKET No. 2000.798 ROBERT V. GOTIDER, SR., JACK R. LEISURE, RONALD M KATZMAN and BRADLEY C. LEISURE tJd/b/a VILLAGE ASSOCIATES, a partnership, tJd/b/a Hampden Village Mobile Home PaJk, HAMPDEN TOWNSHIP : and HAMPDEN TOWNSHIP SEWER AU1HORITY ANSWER OlF DEFENDANTS RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE, t/d!b/a VILLAGE ASSOCIATES, t/d/b/a HAMPDEN VILLAGE MOBILE HOME PARK TO CROSS CLAIM OF DEFENDANTS HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Denied. The averments of the Crossc1aim of defendant Hampden Township and Hampden Sewer Authority are conclusions of law which are denied. By way of further response, answering defendants incorporate by reference their own Answer to the Complaint With New Matter and Crossc1aim as though the same were set forth at length. ;; fi -~. -," - " ~ WHEREFORE, defendants RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, tJd/b/a Village Associates, tJd/b/a Hanlpden Village Mobile Home Park request that judgment be entered in their favor. BENNETT, BRICKLlN & SALTZBURG LLP BY~~ PAULF.LANTIERI,ESQ Attorney for Defendants RVG Management & Development Co., et al. "'" - .Iif .'''' $ ..... I, ~ '''~L' VERIFICATION I, PAUL F. LANTIERI, hereby verifY that I am the attorney for defendants KDV Management & Development Co., et al. in the above-captioned action and that the facts set forth in the foregoing Answer to Crossclaim of Defendants Hampden Township and Hampden Township Sewer Authority are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~r~ PAUL F. LANTIERI Dated: April 3, 2000 d I '" '" \ ~, .. BENNETT, BIDCKLIN & SALTZBURG LLP BY: Paul F. Lanllieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET,3RD FLOOR LANCASTER, lPA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/n!g, JAMES and CAROLYN JACKSON vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONAlD M KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a HanJpdfn ViIIage.Mobile Home Park, HAMPDEN IDWNSHlP : and HAMPDEN TOWNSHlP SEWER AUTHORITY "~I ') ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/dib/a Hampden Village MObile Home PaIk COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL ACTION . LAW DOCKET No. 2000-798 CERTIFICATE OF SERVICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing Answer of Defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, t/d/b/a Hampden Village Mobile Home Park to Crossclaim of Hampden Township and Hampden Township Sewer Authority was served upon James DeCinti, Esquire, ANGINO & ROVNER, P.c., 4503 North Front Street, Harrisburg, P A 17110 and Charles James Daly, Esquire, Campbell, O'Keefe, Nolan & Daly, The Curtis Center, Suite 620, South Lobby, Walnut & Seventh Streets, Philadelphia, P A 19106, by w,y ofOol''''' S_",,_ Pm' CI~, Moll, po""g' """"dt:j ~, PAUL F. LANTIERI, ESQUIRE Dated: April 3, 2000 iI'"'~"" ""''oJ: 0<:- 11til_'o...." -~. ~"~,",, ~ 'lllilill ~'.-~'~Olii~- I. -~ 11"~~.,~... 11._ " (") C:, 0 c a -'[~ ~ "'" ;RfD -':J .::0 n ;;0 2:0 --'j~ 2:c , C0,,!:: c.f: --~ :^"", --< ,: ),1..- ~C." :!-':.+) -D " ,,- !, z() ::.t: "-', ~o N r5~~ c :z c::-l w ~ =< :J;J --J -<: ..-. "..,.j- \.. I ',' I " , .... , . , i:i \1 I i , . c' L- <-"'~, - , -~" ," '" '-"," ,,.,., .>.'-', ~,,~"',;, "'~0i=-I' -"" )~-~,,, ' '- "";"";~ ... CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 2000-798 RVG MANAGEMENT & DEVELOP CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY 34. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that Plaintiffs' claims are barred or reduced by the Pennsylvania Comparative Negligence Act. 35. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that Plaintiffs' claims are barred or reduced by the Pennsylvania Comparative Negligence Act. 36. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that Plaintiffs had notice and/or knowledge of the defective condition of the real estate which caused this accident. By way of further response, it is specifically denied that Plaintiffs assumed the risk of this injury. 37. Conclusion of law and of fact to which no response is required. To the extent that a response deemed required, it is specifically denied that Defendants were not responsible for maintenance and/or control of the real estate which is the subject matter of the instant law suit, ""'0" ,-:;-->~__ "^'-"" .', , 'p'" G.' . ,~'", '1' ',,- - -, ,. ^ '" ~ ,,',- ~I,~" ~" '" ,~~~' - and strict proof is demanded. By way of further response, it is specifically denied that Defendants had not duty to Plaintiffs. 38. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that Plaintiffs have failed to properly mitigate their damages. 39. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that the Hampden Township Defendants are immune from liability in this suit. 40. Conclusion oflaw to which no response is required. 41. Conclusion of fact and of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that Plaintiffs failed to provide the notice required under 42 Pa. C.S.A. 95522. 42. Conclusion oflaw to which no response is required. 43. This paragraph has been stricken from Defendants' new Matter by Stipulation of Counsel for Plaintiffs for the Hampden Township Defendants. 44. Conclusion of fact and of law to which no response is required. Strict proof is demanded at trial. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants Hampden Township and Hampden Township Sewer Authority. Respectfully submitted, James DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiff Date: Lf(t!(OO 2 I - ~ '~'" - .,..c'"",,,,';,.- - ,'.',' "_,, ':';,":"",:-',,!-'';;''-'" -c , 'i7'.P "'~ CERTIFICATE OF SERVICE I, Megan A. Reinard, an employee of the law firm of Angino & Rovner, P.C., do hereby certifY that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Charles J. Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY 1500 Market Street, Suite 1550 Philadelphia, PA 19102 Counsel for Hampden Township PaulF.Lantieri,Esquire BENNETT, BRICKLIN & SALTZBURG, L.L.P. 100 South Queen Street, 3'd Floor Lancaster, P A 17603 Counsel for RVG Management and Village Associates \m~Y1 O. Y2.i LVI C'I'/\ (j Megan . Reinard Dated: !1 Wl\OO aililll~"""" _"HO? - ~~ "- ",,,,- - ~, ---~- . .- _c' 't,' (") 0 C CJ ~ r~~~i -:r"'~ -"'J ':".J 2" ~~:~:,- \,0 ~C; " "",""",- 5~j ;'0 '- , -,,'';'"'' ':.~) ::2 (.;l -"I :/;;~~?l ~~! K -,;;,'. ,,,-,,,-,' ", - CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOP CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants "~~,,'-,' e,,,,'.'" ;'.".-'- - 1-' ~ ~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-798 JURY TRIAL DEMANDED STIPULATION Plaintiffs, and Defendants Hampden Township and Hampden Township Sewer Authority, by and through their undersigned counsel, hereby stipulate that paragraph 43 of the New Matter of Defendants Hampden Township and Hampden Township Sewer Authority is hereby stricken from the new matter. Respectfully submitted, & ROVNER, P.C. lfh / tJ() I I ames DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, P A 1711 0 Attorney for Plaintiff Date: 211464.1 \JDIMAR Respectfully submitted, LAN & DALY Cll: les 1. Daly, Es e 1500 Market Stre ,Suite 1550 Philadelphia, PA 19102 Counsel for Defendant Hampden Township & Hampden Township Sewer Authority Date: " ^ ->,,,,--,,,'~-,d-"i;' -)-'.J,"" '"O~ - . - CERTIFICATE OF SERVICE I, Megan A. Reinard, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Charles J. Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY 1500 Market Street, Suite 1550 Philadelphia, P A 19102 Counsel for Hampden Township Paul F. Lantieri, Esquire BENNETT, BRICKLIN & SALTZBURG, L.L.P. 100 South Queen Street, 3'd Floor Lancaster,PA 17603 Counsel for RVG Management and Village Associates 'iYI~~ y'\ (} - ,-QUf\~uLe} Megan . Reinard Dated: '-\~ \4.\(JJ 211464J\JD\MAR iii ~~'~~iiUiil1B ~~ ~, ...o..w. .. .. 1 .' ,'- n ~~ -or,:; ~~:-~ {~:;-" e ~~:_;, );~~ :"::i ..< '. <,.~-' ,,:-;> " ",..) \I:.-' ~', ". I ~ ~, 0) t r'. ".. LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: Charles J. Daly, Esquire Attorney I.D. No.: 28200 Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 CODY JACKSON, a minor, by and through his ) parents and natural guardians, JAMES and ) CAROLYN JACKSON, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a HAMPDEN VILLAGE MOBILE HOME PARK, Defendants. - "~, - -~~-- " ,<0,'"'".' _~ ~.""-""'.,-'~._",""I,,'-"'f"";'__' "I, ATTORNEY FOR Defendant Hampden Township and Hampden Township Sewer Authority COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2000-798 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the verification of William Greene attached hereto, in place and instead of the verification of the attorney for the defendants, Charles J. Daly, Esquire. CAMPBELL, O'KEEFE, NOLAN & DALY ~,~.~ --~_.. -;; "'~' '''-~ "'0' ;c,.~I'.!Oii~'J,,'-- . 2000-798 ,- CERTIFICATE OF SERVICE AND NOW, this April 27, 2000, I, Charles 1. Daly, Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attorneys for the Defendant, Hampden Township and Hampden Township Sewer Authority, hereby certifY that I, this day, served the within Praecipe to Substitute Verification, by United States Mail, postage prepaid, in Philadelphia, P A, addressed to the parties or attorneys of record as follows: Attorneys for Plaintiff, Cody Jackson, a minor by and through his parents and natural guardians, James and Carolyn Jackson James DeCinti Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, P A 17110 Attorneys for Defendant, RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman Paul F. Lantieri Bennett, Bricklin & Saltzburg, LLP 100 South Queen Street 3rd Floor Lancaster, P A l7603-5368 CAMPBELL, O'KEEFE, NOLAN & DALY ,/' / / Y Attorney for Defen ant / Hampden Township and/Hampden Township Sewer Authority / L:\9651 \Praecipe to Sub Ver 04-27-00.doc -2- - . > '> 'I' . ~ VERIFICATION I, William Greene, Chair of the Hampden Township Sewer Authority, do hereby verify that I have read the foregoing Answer to Complaint and state that the averments therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly make false averments I may be subject to criminal penalties. Dated: t'j~ r;I eo I I ~ ~~. b&.v~ WILLIAM GRE(1' Chair iIIIIiF""" .~~"~ .......,WiIlMll1IUi<~~ ~~" -'irlJ&ilii~~~~~~ o """""-,,. ""I;:.,,~, ,> ,"" ^ , __ ", ,~ .--"~" -. ''''' ,--"., "- 'I'. .,- c_, ~ _ "~ Jli ":i(i I"~ " I' 1'1 , I, ~ I . ~ 0 0 0 ,.;: 0 :? -n rg,m ::K --! I':tn :t>o :1: . Z:L1 -< fTip 2:~ J "'nrn CJ?<lr!;:_ .t:"' .Or-, ~"".:- ~6 ~O -0 j;; ":c.,,' zO :r ;.....:1) --0 ~o Pc ~ om ~ w ~ (n ~ .-.1 ",~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) defendant certifies that (1) A notice of intent to serve the subpopna with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 151ch~ (J"J9~,E6CO' DATE: 06/28/2000 CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT DEll-lB9406 30506-LO::L. ."1 J< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG ~~AGEMENT, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. BAILEY lIDOD DR. CRAIG AHZUR DR. JAMES HILTZ DR. MARK KEARNS DR. DliIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: JAMES DECINTI, ESQUIRE PAUL F. LANTIERI, ESQUIRE MCS on behalf of CHARLES J. DALY. ESQ. (A1421) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retuming same to MCS or by contacting our local MCS office. DATE: 06/08/2000 MCS on behalf of CHARLES J. DALY, ESQ. (A1421) Attomey for DEFENDANT CC: CHARLES J. DALY, ESQ. (A1421) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123931 30506-COl - ;1, , COMMONwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS File No. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. A. BAILEY WOOD (Name of Person or Entity) Within twenty (20) days aite, sen'ice of this subp<>ena, you are o,de,ed by the court to p,oduce the following documents 0' things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deii\'er or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek.- in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (:!O) days after its service, the .part). sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOV\'ING PERSON: ~AME: CHARLES J. DALY, ESQUIRE ADDRESS: 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID Ii: ATTORNEY FOR: THE DEFENDANT DATE: dU/ht'S:;J.!r::O Seal of the Court . II " ..I " EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. A. BAILEY WOOD 207 SOUTII 32ND STREET CAMP HILL, P A 17011 RE:30506 CODY JACKSON Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, Telating to any examination, consultation, care or treatment. Dates Requested: up to and inclnding the present. Subject: CODY JACKSON ' , Social Security #: 196-72-8718 Date of Birth: 05-07-1991 SUI0-251216 30506 -L 0 1 , iiiI , .I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of CHARLES J. DALY, ESQ. (Al421) defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/28/2000 CHARLES J. DALY, ESQ. (Al421) Attomey for DEFENDANT DEll-189407 30506-L02 . ~'l COM::M:ONWEALTH OF PENNSYLVAl'JIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. BAILEY YOOD DR. CRAIG ANZUR DR. JAMES HILTZ DR. MARK KEARNS DR. DWIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: JAMES DECINTI, ESQUIRE PAUL F. LANTIERI, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (Al421) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/08/2000 MCS on behalf-of CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT CC: CHARLES J. DALY, ESQ. (A1421) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123931 30506-COl ~ I~ '" COMMONwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS File No. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG ANZUR (NAme of Penon or Entity) Within twenty (20) days aiter service of this, subpoena. YOU are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLmVING PERSON: :-\AME: CHARLES J. DALY, ESQUIRE ADDRESS: 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT 10 Ii: ATTORNEY FOR; THE DEFENDANT DATE: -#l;Y\lL ,51 (;)000 Seal of the Court - Illi I , I i -. EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG ANZUR 220 CUMBERlAND PARKWAY SUITE 10 MECHANICSBURG, PA 17055 RE:30506 CODY JACKSON Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CODY JACKSON , Social Security#: 196-72-8718 Date of Birth: 05-07-1991 5Ul0-251218 30506-L02 . l!I I" , , 1,-, I , 1 CERfIFICATE ! PREREQUISITE TO SERVICE OF A SUBPOENA I I PURSUANT rO RULE 4009.22'F I IN THE MATTER OF, COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO, 2000-798 RVG MANAGEMENT. ET AL As a prerequisite to service of a SUbp,' oena for documents and things pursuant to Rule 4009.22 MCS on behalf of C defe ES J. DALY, ES . (A142l) ant certifies that (1) , , A notice of intent to servejthe subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the da e on which the subpoena is sought to be served, I (2) A copy of the notice of int~nt, including the proposed subpoena, is attached to the certificate ,I , , , (3) No objection to the I subpoen~ has been received, and I (4) The subpoena which will be ~erved is identical to the subpoena which is attached to the notice o~ intent to serve the subpoena. I DATE, 06/28/2000 CHARLES J. DALY, ESQ. (A1421) Attomey for DEFENDANT DEll-189408 30506-L03 - - "I : L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JACKSON -VS- RVG MANAGEMENT, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 2000-798 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. BAILEY '\/OOD DR. CRAIG ANZUR DR. JAMES HILTZ DR. MARK KEARNS DR. DWIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: JAMES DECINTI, ESQUIRE PAUL F. LANTIERI, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (Al421) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/08/2000 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT CC: CHARLES J. DALY, ESQ. (Al421) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123931 30506-COl . :~ ~ ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS File No. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. JAMES HILTZ (Name of Person or Entity) W~thin twenty (20) days afte, se,vice of this subpoe'?;tE'olttl"AOOB'd by the court to p,oduce the following documents 0' thmgs: at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or rnaillegible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party senring this subpoena may seek a court order compelling you to comply with it. t THIS SUBPOE!\A WAS ISSUED AT THE REQUEST OF THE FOLLOV\'1NG PERSON: ~AME: CHARLES J. DALY, ESQUIRE ADDRESS: 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 (215) 246-0900 TELEPHONE: SUPREME COURT ID Ii: ATTORNEY FOR; THE DEFENDANT DATE: -&UI1'\rL /5{ :)C!a) Seal of the Court i1!' ,"~ ~ " "-~ '. I EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. JAMES HILTZ 395 ST. JOHN'S CHURCH RD. CAMP HILL, PA 17011 RE:30506 CODY JACKSON Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, .relating to any examination, consultation, care or treatment. Dates Requested: up to and including the preseut. Subject: CODY JACKSON , Social Security #: Jl96-72-8718 Date of Birth: 05-07-1991 SlflO-251220 30S06-L03 I ~, - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF, COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO, 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE, 06/28/2000 CHARLES J. DALY, ESQ. (A1421) Attomey for DEFENDANT , " , DEll-189409 30S06-L04 l1 ,4 ~ iII'1 , ~ 1 1 _ _"'~;".:..J'4 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. BAILEY WOOD DR. CRAIG ANZUR DR. JAMES HILTZ DR. MARX KEARNS DR. DWIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: JAMES DECINTI, ESQUIRE PAUL F. LANTIERI, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (Al421) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/08/2000 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT CC: CHARLES J. DALY, ESQ. (Al421) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123931 3050 6-COl ~ -- 'I-,~ - " f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS FileNo. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. MARK KEARNS (Name of Person or Entity) Within twenty (20) days aite, sen'ice of this subpoena, you are o,dered by the court to produce the following documents 0' things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. II you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOvVING PERSON: "'AME: ADDRESS: CHARLES J. DALY, ESQUIRE 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT 10 iI: AITORNEY FOR: THE DEFENDANT DATE: ~Llit~ <5; ;)Q)00 Seal of the Court ~ - . ~I , , --~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. MARK KEARNS 1412 BRIDGE STREET NEW CUMBERLAND, P A 17070 RE: 30506 CODY JACKSON Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, "relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CODY JACKSON , Social Security #: 196-72-8718 Date of Birth: 05-07-1991 ~ -. ~ "',- " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/28/2000 CHARLES J. DALY, ,ESQ. (Al421) Attomey for DEFENDANT DEll-189410 30506-L05 ,- 'h" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. BAILEY WOD DR. CRAIG ANZUR DR. JAMES HILTZ DR. MARX KEARNS DR. DWIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: JAMES DECINTI, ESQUIRE PAUL F. LANTIERI, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (A142l) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/08/2000 MCS on behalf of CHARLES J. DALY, ESQ. (A1421) Attorney for DEFENDANT CC: CHARLES J. DALY, ESQ. (A142l) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP THC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123931 30.s06-COl :;::;; . '" I"'" COMMONwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS File No. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. DWIGHT ASHBY (Name of Person or Entity) Within twenty (20) days after sendee of this subpoen~you are ordered by the court to produce the foHowing documents or things: S",E ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena, within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT ruE REQUEST OF ruE FOLLO'VI~G PERSON: !\AME: CHARLES J. DALY, ESQUIRE ADDRESS: 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT lD II: A TIORNEY FOR: THE DEFENDANT DATE: ~LJlI'\ ~,5 ~) Seal of the Court ~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DWIGHT ASHBY 4836 E. TRINDLE ROAD MECHANICSBURG, PA 17055 RE: 30506 CODY JACKSON Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, "relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CODY JACKSON , Social Seanity #: 196-72-8718 Date of Birth: 05-07-1991 ~ . " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of CHARLES J. DALY, ESQ. (Al421) defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which. will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/28/2000 CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT DEll_1RQ411 ~ n ~n n_ T.O Fi !~ .1 '~ COMMONWEALTH OF PENNSYLVANIA ,. COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. RAILEY WOD DR. CRAIG ANZUR DR. JAMES HILTZ DR. MARK KEARNS DR. DWIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: PAUL F. LANTIERI, ESQUIRE JAMES DECINTI, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (Al421) intends to serve a ~ubpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06{08{2000 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT CC: CHARLES J. DALY, ESQ. (A142.1) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123932 3 0506 - C 0 2. _________.1; I '~ " ' COMMONwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS File No. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG SHRIFT (Name of Person or Entity) Within twenty (20) days afte, sen'ice of this subpoena, you are o,de,ed by the court to produce the following documents 0' things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this reque'st at the address listed above. You have the right to seek, in advance, the r€:asonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the part}" serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOE)\;A WAS ISSUED AT THE REQUEST OF THE FOLLOVVING PERSON: SAME: CHARLES J. DALY, ESQUIRE ADDRESS: 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: THE DEFENDANT Seal of the Court DATE: JA J ff1 (( ($ dtrO ~ - ..~I . " , f EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG SHRIFT 550 N. 1ZIH STREET LEMOYNE, P A 17043 RE:30506 CODY JACKSON Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, "relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CODY JACKSON , Social Security I/: 196-72-8718 Date of Birth: 05-07-J991 SlHO-251226 30506-L06 ~ ~ ~ ~ ,', - " ~ ' ~ , . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHARLES J. DALY, ESQ. (Al42l) defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/28/2000 CHARLES J. DALY, ESQ. (Al421) Attorney for DEFENDANT DEll-189412 30506-L07 " q - ~I ",". . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON F-LEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. A. BAILEY WOOD DR. CRAIG ANZUR DR. JAMES HILTZ DR. MARK KEARNS DR. DWIGHT ASHBY DR. CRAIG SHRIFT CUMBERLAND VALLEY SCHOOL DIST. MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING MEDICAL & BILLING SCHOLASTIC TO: JAMES DECINTI, ESqUIRE PAUL F. LANTIERI, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (Al421) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retuming same to MCS or by contacting our local MCS office. DATE: 06/08/2000 MCS on behalf of CHARLES J. DALY, ESQ. (Al421) Attomey for DEFENDANT CC: CHARLES J. DALY, ESQ. (Al421) - 61099804364001 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123931 3 0506 - C 0 1. -'- . ~ . ,0.,",' . ~ , + ' COMMONwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACKSON VS File No. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY SCHOOL DIST. (Name of Person or Entity) Within tv.'enty (20) days after sen-ice of this subpoena.)'ou are ordered by the court to produce the following documents or things: SEE ATTACHED 2t MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 {Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request at the address listed above_ You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, \'\-'it~in twenty (20) days after its service, the party sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOEj\A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: !\'AME: CHARLES J. DALY, ESQUIRE ADDRESS: 1500 MARKET STREET, 18TH FLOOR PHILADELPHIA PA 19102 TELEPHO~E: (215) 246-0900 SUPREME COURT ID Ii: ATTORNEY FOR: 'ffiE DEFENDANT DATE: 20 AI L G( :)0Of-) Prothonotary/Clerk) ivi . lsion ()~~ (^~~~~Aer- Seal of the Court -- . - J ~, - ~ " ., ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERIAND VALLEY SCHOOL DIST. 6746 CARUSLE PIKE MECHANICSBURG, PA 17055 RE:30506 CODY JACKSON Any and all scholastic records, files and memorandums, attendance records, evaluations, test and report cards, and health records as a student. Dates Requested: up to and inclndingthe present. Subject: CODY JACKSON , Social Security #: 196-72-8718 Date of Birth: 05-07-1991 SUlO-251228 30506-L07 --""~. J._."" ~:iiliii,!t'- ,~ ~-"I~~~l>!,otlI&-.!tIf . ,,' " o S;; -,..., .$'~ '-;';CJ '-!,in. ~-..-: :?- ;~! fi~~: ~......' ;'i:'(") $:0 s;;:: ~ '" &:- Q) >~, ~, " Ii !! !: 11 Ii ,1 ,. . i f C;) a ~, ::..~ '1 , "'" "'" , I C') :0-,. - -<.. .;?:J- ,,:-}[!J ;~c* Of),)' -"I $ -.;: '-0 " ~,l ',"'.- CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOP CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants _',','''_u.,_ -"~, -' , "','," ; "I>;",~ -"", - -,';", IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-798 JURY TRIAL DEMANDED REPLY OF MINOR PLAINTIFF TO ANSWER AND NEW MATTER OF DEFENDANT RVG MANAGEMENT, ET AL, AND ANSWER OF JAMES AND CAROLYN JACKSON TO CROSS CLAIM OF DEFENDANT RVG MANAGEMENT, ET AL. 34. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is hereby specifically denied that Plaintiffs' claims are barred or reduced by the Pennsylvania Comparative Negligence Act. 35. Conclusion of law to which no response is required. To the extent that a response is deemed required, it is hereby specifically denied that Plaintiffs have failed to properly mitigate their damages. 36. The averments contained in this paragraph are conclusions of fact and of law to which no response is required. To the extent that a response is deemed required, the averments contained in this paragraph are specifically denied for the reasons stated in Plaintiffs' Complaint. 210626,1\JD\MAR -"-,, ,~'-""'." ~-"- ,:'~,., ~"_.-- ','''- ~, ,~~C'" ~""k"" ,-" ~ 37. The averments contained in this paragraph are conclusions of fact and ofIaw to which no response is required. By way of further response, Plaintiffs demand proof of payment as averred in this paragraph. 38. Conclusion ofIaw to which no response is required. 39. The averments contained in this paragraph are conclusions of fact and oflaw to which no response is required. By way of further response, there was no Exhibit A attached to the copy of Defendants' Answer and New Matter served upon Plaintiffs. To the extent that a response is deemed necessary, it is specifically denied that said lease is relevant to this action. 40. The averments contained in this paragraph are conclusions of fact and of law to which no response is required. By way of further response, the lease speaks for itself. Answering further, any provision of a premises lease which contains such a clause is absurd and in violation of public policy. 4l. The averments contained in this paragraph are conclusion of fact and of law to which no response is required. By way of further response, the lease speaks for itself. 42. Denied. Strict proof demanded. WHEREFORE, Plaintiffs request judgment in their favor and against Defendants RVG MANAGEMENT & DEVELOPMENT COMPANY, ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE tld/b/a VILLAGES ASSOCIATES, a partnership, tld/b/a HAMPDEN VILLAGE MOBILE HOME PARK. 2 JIt ._ >'~'--,,,,,>o.,,,,';, ',,~__,", ";,, ;',.._,_, "_".,,,-, 1""~_'~'~:"'7 ,', ,,'C'___'C.' .'< NEW MATTER UNDER PA. R.C.P. 2252(d) COUNT I - CROSS CLAIM AGAINST DEFENDANTS HAMPDEN TOWNSIDP AND HAMPDEN TOWNSHIP SEWER AUTHORITY 43. The averments contained in this paragraph are not directed to Plaintiffs so Plaintiffs are unable to respond. WHEREFORE, Plaintiffs request judgment in their favor and against Defendants RVG MANAGEMENT & DEVELOPMENT COMPANY, ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE tld/b/a VILLAGES ASSOCIATES, a partnership, tld/b/a HAMPDEN VILLAGE MOBILE HOME PARK. COUNT IT - CROSS CLAIM AGAINST JAMES AND CAROLYN JACKSON 44. The averments contained in this paragraph are conclusions of law to which no response is required. 45. The averments contained in this paragraphs are conclusions of law to which no response is required. To the extent that a response is deemed required, the averments contained in this paragraph are specifically denied for the reasons stated in Plaintiffs' Complaint. By way of further response, the allegations of negligence purportedly asserted against James and Carolyn Jackson are insufficiently specific under Pennsylvania law. See, Conner v. Alleghenv General Hospital, 501 Pa. 306,461 A.2d 600 (1983). 46. The averments contained in this paragraphs are conclusions of law to which no response is required. To the extent that a response is deemed required, the averments contained in this paragraph are specifically denied for the reasons stated in Plaintiffs' 3 II li " "~"'~-" ,::0. ='- '-, "_,,';"I~,.__'. ,," ,j.."",,, Complaint. By way of further response, the allegations of negligence purportedly asserted against James and Carolyn Jackson are insufficiently specific under Pennsylvania law. See, Conner v. Alleghenv General Hospital, 501 Pa. 306, 461 A.2d 600 (1983). WHEREFORE, Cross-claim Defendants James and Carolyn Jackson request judgment in their favor and against Defendants RVG MANAGEMENT & DEVELOPMENT COMPANY,ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE tld/b/a VILLAGES ASSOCIATES, a partnership, tld/b/a HAMPDEN VILLAGE MOBILE HOME PARK. Respectfully submitted, Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. ames DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-679l Attorney for Minor Plaintiff as to Reply to New Matter 4 I? 4. Scott B. Cooper, Esquire J.D. No. 70242 209 State Street Harrisburg,PA 17101 (717) 232-6300 Attorney for Mr. and Mrs. Jackson as to Cross Claim Date:-,/to!oo Date: 7)10)0-0 4 1- - < " J ''', ,'-,'''' '~ o~ -. ,~"'-- - - -', ';',:,"--,,;~' ~,-~ _ __" ~L"~~':~":I COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, James DeCinti, Esquire, being duly sworn according to law, depose, and state that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge and belief. Sworn to and subscribed before me this J(')t..V) day of ju~ .2000. ~V"\~.~ Notary blic MOl''''' SIAL MIGIoM "" .....14aloIY ""':<A ...... · .. ........... c:o.;"2001 ... 0.. . 'I J ....... ~ 2J0626,lIJDIMAR -" 'It ::',~,':" -", ", ~I~,"-"' "--~-~'" "--) . , ' ,il ' .~,:'" COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, Scott Cooper, Esquire, being duly sworn according to law, depose, and state that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge and belief. ~ Scott Cooper Sworn to and subscribed before me this In"" day of ~~.-e.... -( .2000. , :kt~ ~ ,'l...j...J.o.{.h, Notary Public I &_18 f 210626.\\JDIMAR 8 ...- ~._- n1(};;' z'" -".:J:l ",-r' S!.],-~-.:: ~cj )S /c~ 3: c) c 2: ..., -< <::> ':1 II Hi i'I' ~;I I" I'!i 'I :1' II i! 1'1 1:1 ,I 1:1 1'1 I' I c::> C::) (- ~ i':::::;;: r, ~fl -j "i,:'n ~:,;r[~9 C:X, ,_.,,1,' Fji~~ s;! J:J -< N ='? ~...;~ ~ "'Wl1lll~! lYJ111!l!11 ....., \1IWa~ ,1lIlOO JJIH 'lM1i:J ~ Sl "'"'.""'!:'!!t.!::'~11t!_ " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHARLES J. DALY, ESQ. (A1421) certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/21/2001 CHARLES J. DALY, ESQ. (A1421) Attorney for DEFENDANT DEll-293489 7S81S-LOl " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JACKSON TERM, -VS- CASE NO: 2000-798 RVG MANAGEMENT, ET AI.. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GROVE -ASSOCIATES OTHER TO: JAMES DECINTI, ESQUIRE PAUL F. LANTIERI, ESQUIRE SCOTT D. COOPER, ESQUIRE MCS on behalf of CHARLES J. DALY, ESQ. (A142l) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached c01llIlsel card and returning same to KCS or by contacting our local MCS office. DATE: 11/01/2001 KCS on behalf of CHARLES J. DALY, ESQ. (A1421) Attorney for DEFENDANT CC: CHARLES J. DALY, ESQ. (A1421) - 61099804364001 Any questions regarding this matter, contact THE KCS GROUP IBC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-169096 7 S81S-COl II' -- COMMONWEAL TfI OF PENNSYLVANIA , COUNTY OF CUMBERLA.'.:o JACKSON VS File So. 2000-798 RVG MANAGEMENT, ET AL SUBPOENA TO PRODUCE DOCUME\.,.S OR nU~GS FOR DISCovER'!' PUR5UA.",. TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: GROVE ASSOCIATES (S.m. of Person or &n:i,,-) ~'ithin rw.~' (~) days Uter service of this sub.l'oeN. '(OU are ordered by the C'OUrt to produc. the following docum.nts Ot .hings: SEE ATTACR)':D It MCS GROUP INC., 1601 MARKET ST" #800, PRILA.,PA 19103 lAd_I' You may deih'er or mail legible copies of the dacument1 or produc. thJnp req"esl.d by this subpoen..logeth.. with Ih. certificlte oi compli."c.. to th. puty araking thil '.quesl allh. adclnsllisted abov.. You h"'.lh. right to seek. in Id\"IIlC'.lh. "lSonabl. COil of preparing the copies or producing the thinp _ghL If you fail to ;::odun the docum.nts or lhings requir.d by thillubpoen.l,. within tw.nty (:!O) da~'s Uter itll"";c,. the party ,en'ing tilis ""~po.n. may leek a c01llt ord.r comp.lling you to coarply with it. THIS Sl.llPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: CHARLES J. DALY .. ESO. ADDRESS: 1500 MARKET ST., STE 1550 PHlLA. ,PA 19102 TELEPHOS!: 215-246-0900 SUPREME COURT ID t: ATrOR,-':EY FOR: DEFENDANT DATE: b?A". Ol~ ~@/ BY1HECO~~ owyJQ VII' ~~:n IC_ J4k W o.,u'Y Seal of the Court (SIr. 7/97) ~"''''''~~, ~ --" ' "'''''--", "",- , IT EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GROVE ASSOClATES 4800 LINGLESTON RD SUITE 101 HARRISBURG, PA 17112 RE: 75815 HAMPDEN HEARTH JOINT VENTURE NEED RECORDS PERT AINlNG ONLY TO SEWER EXTENSION PROJECT AND NOT THE ENTIRE HAMPDEN HEARTH-PHASE I PROJECT PERPARED IN OR ABOUT 1987-1988. GENE KREAMER WAS THE ENGINEER WHO WORKED ON THE PROJECT. Subject: HAMPDEN HEARTH JOINT VENTURE SUlO-336208 7S8:LS-LO:L '/M.jHlll ~ . ~ -~~ wW""- ~"mllill-"'~,~ ~""- . .~ " (") a 0 c: -;1 $: ;z :,:-:1 -Oce a ',i-j::lJ rTim -<: 2:::1:' r- '" '~,-. r-r; t55i; ......, :/59 :::<~,- s;,~c) ~c ;ho -,-' -"rj Po ::g; 5:3j ~-~ C) ~o 6ro I ~ ':"""1 ~ .r.-- -,.;: I ~- - ~. --~ - " , '-j, BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER,PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R Leisure, Ronald M Ka12mm and Brndley C. Leisure, Vd/b/a Village Associares, a partnership, lfdih'a Hampden Village MObile lIoIre Patk CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RON AID M. KAlZMAN and BRADLEY C. LEISURE Vd/b/a VILLAGE ASSOCIATES, a partnership, Vd/b/a IJarnp:m ViIJagl MOOiIe Harre Pad<, HAMPDEN IDWNSHIP and HAMPDEN TOWNSlllP SEWER AU1HORITY CIVIL ACTION - LAW DOCKET No. 2000-798 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served and counsel have agreed to waive the notice required under Rule 4009; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. BENNETT, BRICKLIN & SALTZBURG LLP ~ fCuiitt PAUL F. L TIERI, ESQ Attorney for Defendants BY: Dated: March 14, 2002 i' ~ ..~"'-=>~~~ '"- ~~~ - ",' .; ~.. t<<)~Y BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F.lLantieri, Esquire , I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON vs. I ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M Ka1zman and BIlId1ey c.l.eisure, Vd/bIa Village Associates, a partnership, Vdih'a Hampden Village Mobile Home Pad< COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW RVG MANAGEMENT & DEVELOPMENT CO., DOCKET No. 2000-798 ROBERT V. GOTHIER, SR., JACK R. LEISURE, . , RONAlD M KATZMAN and BRADIEY c.lEJSURE Vd/bIa VILLAGE ASSOCIATES, a partnership, Vd/bIa :Harnirln Village MOOiIe Homel'aIk, HAMPDENlDWNSHIP : and HAMPDEN TOWNSHIP SEWER AUTHORITY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a subpoena upon the records custodian to Family & Children's Services, identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made, the subpoena maybe served. BENNETT, BRICKLIN & SALTZBURG LLP BY: Dated: February 28, 2002 ~ PAUL F. LANTIERI, ESQUlRE Attorney for Defendants - Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Cody Jackson, a minor, by and through his p/n/g, James and Carolyn Jackson Plaintiff/s Docket No. 2000-798 vs RVG Management & Development Company, Robert V. Gothier, Sr., et al. Defendantls To Records Custodian (Name of person or entity) Familvand Children's Services l2l Locust Street Harrisburg. PAl 7l 0 1 Within twenty (20) days afte, se,vice of this subpoena, you are o,dered by the court to produce the following documents or things: Anvand all records in yOur possession Pertaining to Codv Jackson mOB: 5n/91: s.s. #l96-72-8718)' Carolvn M. Jackson and/or James W. Jackson. including, but not limited to. office notes. reports. bills. memoranda and anvand all other documents. .,Bennett. Bricklin & Saltzburg LLP. lOO South Oueen Street. Third Floor. Lancaster. P A 17603-5368 You may deliver or mail legible copies of the dotuments or produce things requested by this subpoena, together witb the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies for producing the things sought. ICyou faU to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Paul F. Lantieri. Esauire Attorney's Name 22241 Identification Number Bennett, Bricldin & Saltzburg LLP 100 South Oueen Street. Third Floor Address Lancaster. PA l7603-5368 om 393-4400 Telepbone Number DATE: /Yl~tJ r '" Art.m.y r., Defendants BY THE COURT: Seal of the Court "~ ~- - - ~ ". W', #. BENNETT, BRlCKLIN & SAL TZBURG LLP BY: Paul F. Lautieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R Leisure, RooaId M Katzmm and Bradley C. Leisure, 1Id/b/a Village Associates, a parlnership, 1Idih'a Harrqrln Village Mobile Home Park CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R LEISURE, RONAID M KA1ZMAN and BRADlEY C. LEISURE 1Idlbla VIllAGE ASSOCIATES, a parlnership, 1Id/b/a Hatnp;:\'n ViIIllge MOOiIe ~ fuk, HAMPDENlOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY CIVIL ACTION - LAW DOCKET No. 2000-798 CERTIFICATE OF SERVICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served upon counsel of record listed below by way of United States Regular First Class Mail, postage prepaid. James DeCinti, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PAl 71 10 (Counsel for Plaintiffs) Charles James Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY Center Square West 1500 Market Street, Suite 1550 Philadelphia, PA 19102 (Counsel for Hampden Township and Hampden Township Sewer Authority) Q~ PAUL F. LANTIERI, ESQUIRE Dated: March 14, 2002 ~'.l1lld ~~Illlli~m;i<".w,.;J!I;>'*'>1l~'~l<~,*_lil!\:liiIIJ.~ "'~"-~~-<&Iil. ~, ,~~ I"""""'~ -^ ~,~ -~ - o c __:s:: i~; ......, .,~ r::c: 5~ ;:1 '- 2.: --"I -' , '"' ., a N :::n: 1:.'.1... :;0 () -7': ,~ll r= ::48 .~~~ (jrn ::~-i ,~ :0 -< tJ1 :tJ L- :::> , ,~ L ""'" LAW OFFICES OF CAMPBELL, NOLAN & DALY* NANCY E. CAMPBELL CHARLES J. DALY WAYNE P ARTENHEIMER WILLIAM J. TAYLOR, JR. CHARLES B. STOKES LAWRENCE 1. CASEY MICHAEL L. SIMONINI PATRICIAMESHON CENTRE SQUARE WEST, SUITE 1550 1500 MARKET STREET PHILADELPIDA, PA 19102 PITTSBURGH OFFICE: 350 TWO CHATHAM CENTER PITTSBURGH, PA 15219 (412) 263-4596 FAX (412) 263-4549 (215) 446-7300 FAX: (215) 446-7379 KENNETH J. NOLAN JOSEPH A RAMSER ROSEMARY A. MARCHESANI CASSANDRAL. THOMAS, PARALEGAL July 22, 2002 DEBORAH MEIER, PARALEGAL Direct Dial: (ZI5) 446-7306 E-Mail: cdaly@ffic.com * Not a partnership Honorable George E. Hoffer Cumberland County Courthouse 1 Courthouse Sqnare Carlisle, P A 17013 Jackson, Cody v. RVG Management, et al. Cumberland CCP 2000-798 Our FileNo.: PH610-9651 ~ Dear Judge I represent Hampden Township and Hampden Township Sewer Authority in the above referenced case. Your honor has scheduled a hearing on plaintiff's Petition for Approval of a Minor's Compromise and Settlement, for August 7, 2002 at 9:30 a.m. My client's do not oppose the Petition. Please advise if I am required to attend. CJD:srs cc: James DeCinti, Esquire Paul F. Lantieri, Esquire Scott Cooper, Esquire L:\9651\Letter to Court 07-2Z,OZ,doc . tILE[} (YT1CE OF .1"1_'-: --jO\!DTi\J9Y 02 JUL 3 I rid i I : [,8 C' 'U'F"'" , ",' ',,',. 1\1"'( LlI-vHX:HlJ \,:\;!.; 1j,.Jl, f'Il i 1 PENNSYLVANiA , <" ~"""'''''''_r4= .,,_,_"""""'_'"~. ~~"',M"_~' m"~~ ,~'r'~ .' <~ ' ",-""- ~'.' ~,"'", .~ . _,'~I'~',",,~';";,," .""'L,,~. CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. dOOO - '7q,,€ ~ 1h\f\\ JURY TRIAL DEMANDED RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants 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 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717/249-3166 'J,',.- -=,- ", .'~ I .-"', ,',,,,",~__ . . . . CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants JURY TRIAL DEMANDED NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestasen las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de lafecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado yarchivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVlCIO, VA Y A EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717/249-3166 I _ ~r -- , CODY JACKSON, a minor, by and through his parents and natural gnardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSIDP SEWER AUTHORITY Defendants -,..- ,_'c ." '.' ,~" -,' '~. ~""" I'" "'-""'~.'---' <- :' Mi:I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Cody Jackson is a minor who resides in Hampden Township, Cumberland County, Pennsylvania. Cody is currently eight years old having been born on May 7, 1991. 2. Plaintiffs James and Carolyn Jackson are adult individuals and are the parents and natural guardians of minor Plaintiff Cody Jackson. James and Carolyn Jackson also reside in Hampden Township, Cumberland County, Pennsylvania. 3. Defendant RVG Management and Development Co. (hereinafter RVG) is a corporation organized under the laws of Pennsylvania and has a principle place of business in and regularly conducts business in Cumberland County, Pennsylvania. 4. Defendants Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley Leisure are adult individuals and are partners tld/b/a Village Associates, a partnership organized under the laws of Pennsylvania and regularly conducts business in Cumberland County Pennsylvania. These Defendants will be hereinafter referred to as the Village Associates Defendants. 5. Defendants Hampden Township and Hampden Township Sewer Authority are 207550.1 \JD\MAR ",~ - - , ~',- - - ~,-'I,;...",(,:,:', ' , - " J,~.",.cj political subdivisions organized under the laws of Pennsylvania, with a principal place of business located in Cumberland County, Pennsylvania. 6. The Village Associates Defendants are the owners of a property in Hampden Township Cumberland County commonly known as the Hampden Village Mobile Home Park. 7. Defendant RVG manages and otherwise maintains the property known as Hampden Village Mobile Home Park, for the Village Associates Defendants. 8. Plaintiffs own a mobile home in Hampden Village and rent a lot space from Defendant Village Associates and/or Defendant RVG. 9. Plaintiffs have lived in Hampden Village since approximately 1993. 10. In July, 1996, Defendant Village Associates filed a lawsuit in the Court of Common Pleas of Cumberland County seeking to evict the Jacksons from Hampden Village because it was alleged that children were playing in the streets of Hampden Village, allegedly in violation of the lot rental lease agreement. 11. The Jackson children and other children were only permitted to play in certain common areas of Hampden Village, under the terms of the lease. 12. On January 12, 1999, minor Plaintiff Cody Jackson was sleigh riding in the common area of Hampden Village where he was permitted, and in fact ordered, to play by Defendant Village Associates. 13. At that time and place while sleigh riding, minor Plaintiff Cody Jackson violently collided face first with sewer manhole cover which was approximately six inches above the ground but hidden beneath overgrown weeds and snow. 14. Minor Plaintiff Cody Jackson suffered severe and permanent injuries to his mouth and face including but not limited to severe trauma to the mouth, avulsion of at least six permanent teeth, severe tongue laceration and abrasions about the lips. 2 ,-,;,' , --~ >,--'''.- '-:-,.-",,'1'(, , "I l5. By reason ofthe aforementioned injuries sustained by minor Plaintiff Cody Jackson, Plaintiffs James and Carolyn Jackson were forced to incur liability for medical treatment, medications, hospitalizations, and other similar miscellaneous expenses in an effort to restore Cody back to health, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Cody Jackson has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff Cody Jackson has sustained scars which will result in permanent disfigurement, and claim is made therefor. 18. As a result of the aforementioned injuries and scarring, Plaintiff Cody Jackson has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Cody Jackson continues to be plagued by persistent pain and limitation and, therefore avers that his injuries may be of a permanent nature causing residual problems for the remainder of his lifetime, and claim is made therefor. 20. As a result of the aforementioned injuries and scarring, Plaintiff Cody Jackson has required counseling and may in the future require additional counseling, and claim is made therefor. COUNT I Plaintiffs v. Robert V. Gothier. Sr.. Jack R. Leisure. Ronald M. Katzman. and Bradlev C. Leisure. tld/b/a Village Associates. a partnership. tld/b/a Hampden Village Mobile Home Park 21. Paragraphs 1 through 20 are incorporated herein as if set forth at length. 22. All of the injuries and damages suffered by Plaintiffs as described herein are the 3 ~-~ "'~-'"' . .~' ,_-, _-"n' ,-" ,_ _ "i_ ~': ,-1-',,- : __ ,~, - !'~~,c~ direct and proximate result of the negligence of the Village Associates Defendants as follows: a. creating a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; b. maintaining a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; c. failing to inspect for and/or eliminate the dangerous condition in the common area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; d. failing to warn Plaintiffs of the dangerous condition in the common area of its premise where Defendants knew and in fact required that children' such as minor Plaintiff Cody Jackson play; e. knowing that the manhole cover as described herein posed a serious danger of substantial bodily harm like the harm suffered by minor Plaintiff Cody Jackson, yet allowed it to exist; f. failing to properly grade the landscape in the common area where it required children to play such that the manhole cover described herein would have been flush with the ground like the other manhole covers in the common area and thus not pose a danger to persons such as minor Plaintiff Cody Jackson; g. failing to keep the common area of their premises safe for children such as minor Plaintiff Cody Jackson especially when Defendants required children such as minor Plaintiff Cody Jackson play in the common areas; and h. failing to assure that the common areas of Defendants' premises were safe for children such as minor Plaintiff Cody Jackson. 23. At the time of the accident minor Plaintiff Cody Jackson was only 7 years old arid under Pennsylvania Law was incapable of negligence. WHEREFORE, Plaintiffs demand judgment against the Village Associates Defendants in an amount of compensatory damages in excess of $25,000, exclusive of interest and cost, and in excess of any jurisdictional amount requiring compulsory arbitration. 4 COUNT II Plaintiffs v. RVG Management and Development Company 24. Paragraphs 1 through 23 are incorporated herein as if set forth at length. 25. All of the injuries and damages suffered by Plaintiffs as described herein are the direct and proximate result of the negligence of the Village Associate Defendants as follows: a. creating a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; b. maintaining a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; c. failing to inspect for and/or eliminate the dangerous condition in the common area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; d. failing to warn Plaintiffs of the dangerous condition in the common area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody. Jackson play; e. knowing that the manhole cover as described herein posed a serious danger of substantial bodily harm like the harm suffered by minor Plaintiff Cody Jackson, yet allowed it to exist; f. failing to properly grade the landscape in the common area where it required children to play such that the manhole cover described herein would have been flush with the ground like the other manhole covers in the common area and thus not pose a danger to persons such as minor Plaintiff Cody Jackson; g. failing to keep the common area of their premises safe for children such as minor Plaintiff Cody Jackson especially when Defendants required children such as minor Plaintiff Cody Jackson play in the common areas; and h. failing to assure that the common areas of Defendants' premises were safe for children such as minor Plaintiff Cody Jackson. 26. At the time of the accident minor Plaintiff Cody Jackson was only 7 years old and under Pennsylvania Law was incapable of negligence. WHEREFORE, Plaintiffs demand judgment against the RVG Management and Development Company Defendants in an amount of compensatory damages in excess of 5 , '~,'<~ ~, ;.' ,-- :.. Ie. " "~",', . J,j,;,1 I $25,000, exclusive of interest and cost, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Plaintiffs v. Hampden Township and Hampden Township Sewer Authority 27. Paragraphs 1 through 26 are incorporated herein as if set forth at length. 28. It is believed and therefore averred by Plaintiffs that the manhole cover in question and the attendant sewer lines are owned by Defendant Hampden Township and/or Hampden Township Sewer Authority. 29. By virtue of the subdivision plan of the Hampden Village Mobile Home Park, Hampden Township and/or the Hampden Township Sewer Authority were granted a twenty foot right of way in and around the manhole cover at issue in this incident and the attendant sewer line. 30, The injuries and damages sustained by Plaintiffs as described herein are the direct and proximate result of the negligence of Defendant Hampden Township and Hampden Township Sewer Authority as follows: a. creating and maintaining a dangerous condition in the form of a raised manhole cover as described herein; b. failing to inspect for and/or eliminate the dangerous condition in the form of the raised manhole cover as described herein; c. failing to warn Plaintiffs of the dangerous condition in the form of the raised manhole cover as described herein; d. knowing that the manhole cover as described herein posed a serious danger of substantial bodily harm like the harm suffered by minor Plaintiff Cody Jackson yet allowing it to exist; e. failing to properly grade the landscape so that the manhole cover described herein would be flush with the ground like the other three manhole covers in the area of the Hampden Village Mobile Home Park; and 6 ~,l -<','- " ~ ~,-' -~' ~-,"",;'"',o>,,,,~,' I" " ",' ",- f. failing to assure that the area around its manhole covers and attendant sewer line are safe for children such as minor Plaintiff Cody Jackson. 31. The dangerous condition of the manhole cover as described herein created a reasonably foreseeable risk of the kind of injury which was suffered by Plaintiffs. 32. Defendant Hampden Township and/or Hampden Township Sewer Authority had actual notice or could reasonably be charged with notice under the circumstances of the dangerous condition in a sufficient time prior to the incident to have taken measures to protect against the dangerous condition. 33. At the time of the accident minor Plaintiff Cody Jackson was only 7 years old and under Pennsylvania Law was incapable of negligence. WHEREFORE, Plaintiffs demand judgment against the Hampden Township in an amount of compensatory damages in excess of $25,000, exclusive of interest and cost, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Date: 7.-\ l\ ~ \)0 ANGINO & ROVNER, P.C. L. E"lwre J.D. No. 77421 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Attorney for Plaintiff 7 Feb 09 00 10:19p BILL DELL 766-9756 p.3 VERIFICATION I, James Jackson, Plaintiff, have read the foregoing Complaint and do hereby swear or affinn that the facts set forth in the foregoing are true and correct to the best of my knowledge, infonnation and belief. I understand that this Velification is made subject to the penalties of 18 Pa-c.s.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: 2- ----9'-'00 ~~ ~ / ~ pv/ ~v~___ tfames Jackson Dated: Feq 09 00 10:18p BILL DELL _-L.-il'" '-" .1 " " 766-9756 p.2 VERIFICATION I, Carolyn Jacksol1, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A, Section 4904, relating to unsworn falsification to authorities. WITNESS: 9-~~OO C(lJl~~!~1~~0 Carolyn Jac n Dated: ~I " , BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire J.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M Ka1zman and Brad1ey C. Leisure, tld/b/a Village Associates, a partnership, tld1Ya Hampden Village Mobile Home PaIk CODY JACKSON, a minor, by and through his p/nlg, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW RVG MANAGEMENT & DEVELOPMENT CO., DOCKET No. 2000-798 ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a Hinn}xIen Village Mobile Home Paik, HAMPDEN TOWNSHIP : and HAMPDEN TOWNSHIP SEWER AUTHORITY ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of defendants, RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure tld/b/a Village Associates, a partnership, tld/b/a Hampden Village Mobile Home Park, on whose behalf a jury trial is demanded. BENNETT, BRICKLIN & SALTZBURG LLP By~iIiJ PAULF. LANTIERI, E QUIRE Attorney for Defendants Dated: March 2, 2000 id*,--l~""'" ~ dIIIiI''''':. )ljbjlrliilll . ~"'tI!!r"~""i-- - ~ 'l!f.~ridii'_ .. " - ,~ , 'L"'" 8 B?lt if::'rr; {%(J J::S:?: ~G jf0 & <' ~ ~ -j' , , & ~ ~ I " ~ .... -- -- '. r;: 'i! ff?;}J 'b"" "''gfh ,,- ,J 5~j ;;s;t; - ,;.] 6f;{ 11 ..... J CODY JACKSON, a minor, by and through his) COURT OF COMMON PLEAS parents and natural guardians, JAMES and ) CUMBERLAND COUNTY CAROLYN JACKSON, ) Plaintiff, ) ) ) ) NO. 2000-798 ) ) ) ) ) ) ) ) ) ) . LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: Charles J. Daly, Esquire Attorney I.D. No.: 28200 Centre Square West, Suite 1550 1500 Market Street Phillldelphia, PA 19102 (215) 446-7300 vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a HAMPDEN VILLAGE MOBILE HOME PARK, Defendants. " ';,'- -- -~-' ,.Tb':--"~'-- ATTORNEY FOR Defendant HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY ENTRY OF APPEARANCEAND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Please enter my appearance on behalf of defendants, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY. Defendants hereby demand trial by jury of twelve. CAMPBELL, O'KEEFE, NOLAN & DALY ""~,- ,-,- "---,-' '--~" . ,; '~;.: ,'","",,;~' -"'-'.;;I,"ij",'i'~;"'d;',,,,,, ''" ~ 2000-798 CERTIFICATE OF SERVICE AND NOW, this Day of March 3, 2000, I, Charles J. Daly, Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attorneys for the Defendant, Hampden Township And Hampden Township Sewer Authority, hereby certifY that I, this day, served the within Entry of Appearance, by United States Mail, postage prepaid, in Philadelphia, P A, addressed to the parties or attorneys of record as follows: Attorneys for Plaintiff, Cody Jackson, a minor by and through his parents and natural guardians, James and Carolyn Jackson James DeCinti Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, P A l711 0 DEN TOWNSHIP L:\9651 \Entry App 03-03-00.doc -2- ~~ Iiiii~';"" '~-" ...,,",- " '"~'. ~'""'~ .~ ~:"'.2; -"" c...~,~,." " ~. . ii~ 1:1 I'i :l J J! Ii ~; J'; :, " !i I If " I' ii i; I ii (") 0 0 c 0 -n :s:: :x .....1 vcrl ",. ;1;:n mrn ;;0 '''r z:o I "m zS-' ~,=11:::? (f) " -J ,.." , -<2 ~(.:) CC: V ,- 11 ("):T! ~(") :x ';7-C? ;]>0 l:Y ..--r I 0 C ~ ~ N ~ e11 , - ~ > ~ ~ ~,> BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, RonaJd M Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, tldJbIa Hampden Village Mobile Home PaIk CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW RVG MANAGEMENT & DEVELOPMENT CO., DOCKET No. 2000-798 ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M KATZMAN andBRADIEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Harrqxlen Village MOOile Home Pad<, HAMPDEN 1DWNSHIP : and HAMPDEN TOWNSHIP SEWER AUTHORITY CERTIFICATE OF SERVICE PairlF. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing Entry of App'earance and demand for jury trial was served upon James DeCinti, Esquire, ANGINO & ROVNER, P.C., 4503 North Front Street, Harrisburg, PA 17l10, byway of United States Regular First Class Mail, postage prepaid. Dated: March 2, 2000 ~""""""~- illiiII!IIIi=,c'~';~-~T"""~-'''''''~~ ,,- ~'1illlilillllliili!!il ~ " "..... II II II [1 I 1'.'1 'I !I " , I , I n <::) ~ <::) 0 ~ -,., ""00.:'1 x:-n 521li :::0 &35: I r"flr::: ::< 2" "'" };E ~o o( ~() :to. --.; :Ji; ::c -rl >@ - 96 - am 2: =< l\.) ~ '" " . BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/nlg, JAMES and CAROLYN JACKSON vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHlER, SR., JACK R. LEISURE, RONALD M KATZMAN and BRADLEY C. LEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, Vd/b/a Ham{xlen Village MOOile Home PaIk, HAMPDEN WWNSHlP : and HAMPDEN TOWNSHIP SEWER AUTHORITY Please take notice that PlaintiffslDefendan!s have twenty (20) days within which to file a responsive pleading to Defendants' New Malter and New Malter Pnrsuant to Pa. R.C.P.2252(d). PAUL F. LANTIERI, ESQUIRE ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M Katzman and Bradley C. Leisure, Vd/b/a Village Associates, a partnership, 1fdAJ/a Hampden Village Mobile Home PaJk COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL ACTION - LAW DOCKET No. 2000-798 ANSWER OF DEFENDANTS RVG MANAGEMENT & DEVELOPMENT COMPANY, ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE, t/d!b/a VILLAGE ASSOCIATES, tIb/d/a HAMPDEN VILLAGE MOBILE HOME PARK TO COMPLAINT WITlI NEW MATTER AND NEW MATTER UNDER Pa. R.C.P. 2252(d) 1,2. Admitted in part and denied in part. Plaintiffs' residence is admitted. With regard to the remaining averments, answering defendants are without knowledge or information sufficient to form a belief as to the truth of same and if relevant, proof thereof is demanded. 3, 4. Admitted. " I ,- 5. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs, and if relevant, proof thereof is demanded. 6,7. Admitted in part and denied in part. It is admitted that RVG Management & Development Company manages Hampden Village Mobile Home Park for the Village Associates defendants. It further is admitted only that RVG Management & Development Company maintains the property under the ownership, possession and control of the Village Associates defendants. By way of further response, the sewer line which is believed to be at issue in this lawsuit is not owned, possessed or controlled by Village Associates defendants or RVG. 8. Admitted with the qualification that plaintiffs' rental of a lot is subject to the terms of a lease. 9. Denied as stated. Answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and if relevant, proof thereof is demanded. It is admitted, however, that plaintiffs, James and Carolyn Jackson have been parties to a lease since February l, 1993. 10. Denied as stated. The lawsuit filed by Village Associates, being in writing, speaks for itself and moreover, the averments of this paragraph are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure. ll. Denied as stated. It is admitted that under the terms of the lease agreement, children were not permitted to play in certain areas of Hampden Village and were permitted to play in certain other areas. The lease and the documents incorporated in the lease, being writings, speak for themselves. 2 . ,. 12-20, inclusive. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proof thereof is demanded. COUNT I 21. The corresponding answers to these paragraphs are incorporated by reference and made part hereof as though same were set forth at length. 22,23. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proof thereof is demanded. By way of more specific answer, it is denied that answering defendants owned, possessed or controlled any dangerous condition which, it is alleged, caused or contributed to the minor plaintiff s injuries. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, tld/b/a Hampden Village Mobile Home Park respectfully request that judgment be entered in their favor. COUNT II 24. The corresponding answers to these paragraphs are incorporated by reference and made part hereof as though same were set forth at length. 25, 26. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proofthereof is demanded. By way of more specific answer, it is denied that answering defendants owned, possessed or controlled any dangerous condition which, it is alleged, caused or contributed to the minor plaintiff s injuries. 3 ", " WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, tld/b/a Village Associates, a partnership, tld/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor. COUNT III 27. The corresponding answers to these paragraphs are incorporated by reference and made part hereof as though same were set forth at length. 28,29. The averments of these paragraphs constitute legal conclusions to which no responses are required. 30-33, inclusive. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proof thereof is demanded. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, tld/b/a Village Associates, a partnership, tld/b/a Hampden Village Mobile Home Park respectfully request that judgment be entered in their favor. NEW MATTER 34. Plaintiffs' claims are barred or reduced pursuant to the provisions of the Pennsylvania Comparative Negligence Act. 35. Plaintiffs' claims are barred or reduced to the extent evidence discloses that plaintiffs failed to properly mitigate their damages. 4 -I, I 36. The raised manhole cover which is alleged to have been the instrumentality which caused the minor plaintiff s injuries was not owned, possessed or controlled by answering defendants, nor did answering defendants have the right to exercise any control at times material hereto. 37. Plaintiffs' claims against answering defendants are reduced to the extent of payment made by Fireman's Fund Insurance Company on behalf of answering defendants, for certain medical expenses incurred by or on behalf of the minor plaintiff. 38. At all times material hereto, the minor plaintiff, Cody Jackson, was in the care, custody and control of his parents, James and Carolyn Jackson, or either of them. 39. Plaintiffs' rights and answering defendants' obligations are determined, in whole or in part, pursuant to the provisions ofthe lease agreement entered into by plaintiffs, James and Carolyn Jackson on or about February 1, 1993. Attached hereto as Exhibit "Po!' is a true and correct copy of the lease entered into by plaintiffs, along with the Hampden Village Mobile Home Park Rules and Regulations which are incorporated by said lease. 40. Pursuant to said lease, answering defendants are not responsible for any damage, injury or loss by accident to plaintiffs herein. 4l. Moreover, under said lease, play areas are provided in certain designated areas for use by lessees at their own risk. 42. The area where the minor plaintiffs accident is alleged to have occurred was not an area designated for playing. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, tld/b/a Village Associates, a partnership, tld/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor. 5 ~l-, f NEW MATTER UNDER Pa. R.C.P. 2252(d) COUNT I Crossclaim against defendants Hampden Township and Hampden Township Sewer Authority 43. Ifthe averments of plaintiffs' Complaint are established at trial, all liability on the part of answering defendants being expressly denied, it is averred that one or both of the co-defendants solely are liable to plaintiffs, but ifliability is imposed upon answering defendants, it is averred that one or both of the co-defendants are liable over to answering defendants on the causes of action declared upon by plaintiffs, or jointly or severely liable thereon. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, tld/b/a Hampden Village Mobile Home Park respectfully request that judgment be entered in their favor, but if liability is imposed upon them, it is requested that judgment be entered against the co-defendants or either of them, for contribution or indemnity. COUNT II Crossclaim against James and Carolyn Jackson 44. Upon information and belief, it is averred that at all times material hereto, Cody Jackson was in the care, custody and control of James and Carolyn Jackson, or either of them, and in addition, pursuant to the lease sigued by plaintiffs, Exhibit "A" herein, the adult plaintiffs herein assumed responsibility for the conduct of, and any injury caused by their children. 45. If the averments of plaintiffs' Complaint are established attrial, all liability on the part of answering defendants being expressly denied, it is averred that the accident described in the Complaint was caused, in whole or in pact, by the carelessness and negligence of James and Carolyn Jackson, or either of them, in their supervision of their minor child, Cody Jackson, at the time and place where the accident is alleged to have occurred. 6 - ,&..1,-- " ~ , t 46. Accordingly, if the averments of plaintiffs' Complaint are established at trial, all liability on the part of answering defendants being expressly denied, it is averred that James and Carolyn Jackson, or either of them, solely are liable to the minor plaintiff, Cody Jackson, but if liability is imposed upon answering defendants, it is averred that James and Carolyn Jackson, or either of them, are liable over to answering defendants on the causes of action declared upon by plaintiffs, or jointly or severely liable thereon. WHEREFORE, defendantsRVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, tld/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor, but ifliability is imposed upon them, it is requested that judgment for contribution or indemnity be entered against James and Carolyn Jackson, or either of them. BENNETT, BRICKLIN & SALTZBURG LLP BY &~ PAUL F. LANTIERI, ESQUIRE Attorney for Defendants 7 - ..-'I ., VERIFICA TION I, Robert Gothier, Jr., verifY that I am the Vii"" '71/.~;,I ofRVG Management & Development Company, a defendant in this action, that I am authorized to make this verification to the foregoing Answer of Defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Kat=an and Bradley C. Leisure, tld/b/a Village Associates, t/b/d/a Hampden Village Mobile Home Park to Complaint with New Matter and New Matter under Pa. R.C.P. 2252( d) on behalf of all of the above-named defendants, and that the facts set forth therein are true and correct to the best of my recollection, knowledge, information and belief. I further state that I am signing this verification on the recommendation of my attorney who has advised that the language in the foregoing document is required legally to raise issues for resolution by the Court at trial. Further, I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorney on his advice. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Dated: S/N /00 ." '->'. 'ldlfiliitlUk"""""'''''-' ,~~," ''iiiiii~~~~:w.-<!iill~;iWI'''~~~.''-<.' <, -. ~.~" ~ ~'!~ __h (") C ;:]~ rr'Jri; ~~ r'f3 ~ "So-C) ~~C~ Pc:: 2: -j --< , a a o "T1 ---j -,- ri'J,:JJ ,:gt;r ~~~ om jj ::0 --::S '<..' ~ -~ :,1:;:::;' ;:.v :'0 u ~ => Lv !'oo "':I I I ; . ' SHERIFF'S RETURN - REGULAR <' CASE NO: 2000-00798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON CODY ET AL VS RVG MANAGEMENT & DEVELOPMENT C ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RVG MANAGEMENT & DEVELOPMENT CO the DEFENDANT , at 0013:50 HOURS, on the 14th day of February, 2000 at 1000 NORTH FRONT ST WORMLEYSBURG, PA 17043 by handing to DENISE MADUEKE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So AnSW~ ~.., ~ . -r~ R. Thomas Kline Sworn and Subscribed to before 02/25/2000 ANGINO & ROVNER BY:~ -.J-7~9 _ Deput{s~e;iff me this J.3"uL day of ~ ~ A.D. 0't~.- Q Ik..dC",,~ rothonotary , ~. ~"'~ , -"'.' SHERIFF'S RETURN - REGULAR .. CASE NO: 2000-00798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON CODY ET AL VS RVG MANAGEMENT & DEVELOPMENT C ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VILLAGE ASSOCIATES the DEFENDANT , at 0013:50 HOURS, on the 14th day of February, 2000 at 1000 NORTH FRONT ST WORMLEYSBURG, PA 17043 by handing to DENISE MADUEKE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So An?~~~ R. Thomas Kline Sworn and Subscribed to before 02/25/2000 ANGINO & ROVNER By' ~;:t~~~~ me this d.3AA-. day of ~ cZtrzro A.D. C)''(-'J a. hujJi",,~ rothonotary - . I, ",.;:h. '.-.j SHERIFF'S RETURN - REGULAR .' CASE NO: 2000-00798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON CODY ET AL VS RVG MANAGEMENT & DEVELOPMENT C KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAMPDEN TOWNSHIP -HAMPDEN TOWNSHIP SEWER AUTHORITY the DEFENDANT , at 0014:31 HOURS, on the 23rd day of February, 2000 at 230 SOUTH SPORTING HILL RD MECHANIC8BURG, PA 17055 by handing to SHARON BROWN (EXECUTIVE SECRETARY TO TOWNSHIP SUP.) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 8.68 .00 10.00 .00 24.68 So Answers: t:'~~~t:~~ R. Thomas Kline 02/25/2000 ANGINO & ROVNER Sworn and Subscribed to before By: ~~ ~ Sheriff me this ..<3~ day of 711/.,~ o4v-o A.D. lh' ,Q I11d;(" ,~ rothonotary ,~ ~ - , , '" .'0 __ .----o",'-",~,'" - ;-c.' ',,",,~:,,~__,"I~'~:', _ ~' , '""~, PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next argument court. CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON, Plaintiffs v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSIDP SEWER AUTHORITY Defendants NO. 2000-798 CIVIL 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): MOTION FOR SUMMARY JUDGMENT OFDEFENDANTSRVG MANAGEMENT & DEVELOPMENT COMPANY AND ROBERT V. GOTHIER, SR., JACK R. LEISURE:, RONALD M. KATZMAN AND BRADLEY C. LEISURE, t/dIb/a VILLAGE ASSOCIATES, A PARTNERSffiP, t/dlb/a HAMPDEN VILLAGE MOBILE HOME PARK 2. IdentifY counsel who will argue case: a. for plaintiffs - James DeCinti, Esquire (Crossclaim Defendants): Scott B. Cooper, Esquire b. for defendants - RVG & Village Associates: Paul F. Lantieri, Esquire for defendants - Hampden Township and Hampden Township Sewer Authority: Charles James Daly, Esquire 3. I will notifY all parties in writing within two days that this case has b-e:en.Hs tied for argument 4. Argument Court Date: July 24, 2002 Date: May 17, 2002 ::NNF2:t~TZBURC ~ PAUL F. LANTIERI, ESQUIRE Attorney for Defendants RVG Management and Development Company and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure tldIb/a Village Associates, a partnership, t/d/b/a Hampden Village Mobile Home Park - ,~, ~~-- "~.- '''^'^ F '. .' ~ _ <' ,_ ,'",," BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lautieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leistrre, Ronald M Ka12man and Bradley C. Leisure, tld/b/a Village Associates, a partnership, t'dfhla Hampden Village Mobile Home Pmk CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW RVG MANAGEMENT & DEVELOPMENT CO., DOCKET No. 2000-798 ROBERT V. GOTillER, SR., JACK R. LEISURE, RONAlD M KATZMAN and BRADLEY C.lEISURE tld/b/a VILLAGE ASSOCIATES, a partnership, tld/b/a .HarnJrln Village Mobile Hme Pmk, HAMPDEN 10WNSHlP and HAMPDEN 10WNSlllP SEWERAUTIIORITY CERTIFICATE OF SERVICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing ARGUMENT PRAECIPE was served npon counsel of record listed below by way of United States Regular First Class Mail, postage prepaid. James DeCinti, Esquire ANGlNO & ROVNER, p,c. 4503 North Front Street Harrisburg, P A 17110 (Counsel for Plaintiffs) Charles James Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY Center Square West 1500 Market Street, Suite 1550 Philadelphia, PA 19102 (Counsel for Hampden Township and Hampden Township Sewer Authority) Date: May 17, 2002 Scott B. Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, P A 171 0 I (Counsel for Mr. and Mrs. Jackson as to Crossclaim) r:~~. PAUL F. LANTIERI, ESQUIRE BENNETI, BRICKLlN & SALTZBURG LLP 100 South Queen Street Third Floor Lancaster, 17603-5368 (717) 393-4400 l8(r - jUii~' .~< , . ~.-...-"";'-" '- --.~"'" , ......""- C" - "' , () <;;; <~ Vl':;'~ mrT: ~~! ~~ >c:: ,., :'3 -, a r" o -" ~-~FJ ..-..Jf6Il -, :,,) ~~~ --I )-;... ::0 -< :J:: :0. -< N a -0 ::k I)? .-.J ,,= . ,^~- ~ II II I " l " " , , BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, : RONALD M KATZMAN andBRADLEY C. LEISURE : t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a : H:JI1lfrlen Village Mobile Home Pad<; HAMPDEN TOWNSHIP : and HAMPDEN TOWNSHIP SEWER AUTHORITY : ORDER AND NOW, this day of ,,','- ,.' ;:. ';!.J]~'-'k"-" - ~ ","- ~ ,>'-- ATTORNEY FOR DEFENDANTS RVG Management & Development Co Robert V. Gothier, Sr., Jack R Leisure, Ronald M Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/dib!a Hampden Village Mobile Home Parl<: COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 2000-798 , 2002, upon consideration ofthe motion for summary judgment of defendants RVG Management and Development Company and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure tld/b/a Village Associates, a partnership, tld/b/a Hampden Village Mobile Home Park, and any response thereto, it hereby is ORDERED and DECREED that defendants' motion for summary judgment is granted and all claims against them are dismissed. BY THE COURT: J. , BENNETT, BmCKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, : RONAlD M KATZMAN and BRADLEY C. LEISURE ; tld/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a : Ham[xlen Village Mobile Home Park, HAMPDEN lOWNSHIP ; and HAMPDEN TOWNSHIP SEWER AUTHORITY : ,,', '~""' ;".'0" "",:""-~>",,,,'" "';< "'>":';"".,,1 '"',''~,--,..,,''' ,"_" > ' _'..","-"" ATTORNEY FOR DEFENDANTS RVG Management & Development Co Robert V. Gothier, Sr., Jack R. Leisure, Ronald M Katzman and Brndley C. Leisure, t/d/b/a Village Associates, a partnership, tldfbla Hampden Village Mobile Home Pmk COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 2000-798 MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS RVG MANAGEMENT AND DEVELOPMENT COMPANY AND ROBERTV. GOTHIE& S&. JACK R. LEISURE. RONALD M. KATZMAN AND BRADLEY C. LEISURE t/dlb/a VILLAGE ASSOCIATES. A PARTNERSHIP. t/d/b/a HAMPDEN VILLAGE MOBILE HOME PARK Defendants RVG Management and Development Company (hereinafter referred to as "RVG") and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure t/d/b/a Village Associates, tld/b/a Hampden Village Mobile Home Park (hereinafter referred to as "Village Associates") respectfully move for summary judgment on the basis that as a matter oflaw, it did not owe a duty to plaintiffs to take precautions against or to warn ofthe existence of a sewer manhole which was known to the plaintiffs and in support thereof aver as follows: l. This action was instituted to recover damages for personal injury sustained by the minor plaintiff, Cody Jackson, in connection with an accident which occurred on January 12, 1999 in Hampden Township, Cumberland County. A true and correct copy of plaintiffs' complaint is attached as Exhibit "A", "~ --'""0"'>-' "',0,;.;1" "~,"<".',':';",, -, .J"__~"~'''C[~ , 2. As stated in the complaint, it is alleged that on January 12, 1999, Cody Jackson, whose date of birth is May 7, 1991, was sledding in a slopped area located in Village Associates' mobile home park when he collided face first with a manhole which was raised approximately six inches above the ground surface. See Exhibit "A", especially paragraphs 13 and 14. 3. Plaintiffs have averred that the property on which the accident occurred was owned by the defendants referred to herein as Village Associates and was managed by RVG. See paragraphs 4,6 and 7 of the complaint. 4. Plaintiffs' complaint alleges that the sewer line, which included the manhole, was owned by the co-defendants Hampden Township and the Hampden Township Sewer Authority. See paragraphs 28 and 29 ofthe complaint. (As discussed in the Brief, testimony and documents have established that the sewer line was owned by the Authority and leased to the township, and situated in an easement deeded to the Authority and township by Village Associates). 5. The adult plaintiffs, James and Carolyn Jackson, were lessees of a lot in Village Associates' mobile home park and their home is situated on that lot. The Jacksons have resided there since 1993. See paragraph 9 of plaintiffs , complaint, Exhibit "A". 6. The area on which the manhole involved in this lawsuit was located was not part of any property leased by Village Associates to any of the tenants in the mobile home park and plaintiffs therefore have alleged, in paragraph 12 oftheir complaint, that Cody Jackson was sledding in a common area of the Park. 7. Generally, plaintiffs have alleged that the raised manhole was a dangerous condition and that all ofthe defendants were negligent in creating and maintaining it and failing to warn the plaintiffs of it. See paragraphs 22, 25 and 30 of Exhibit "A". 2 -,----- -ho'~,' '" '~ ' "_",C'-"'_-'C'__:r ~,I--. ; ':","" _,-' , _ ". ',~~::; , , 8. Plaintiffs have alleged in paragraph 12 of their complaint that Village Associates directed Cody and other children to play in the area where this accident occurred, a point disputed by the defendants Village Associates and RVG. However, this disputed fact has no bearing on the instant motion as discussed below and in the Brief which will be filed. 9. The factual dispute between the plaintiffs and the moving defendants, as to whether children somehow were directed to play on the slope where the accident occurred may be determinative ofthe defendants' scope of duty to the plaintiffs; that is, whether Cody Jackson while playing on the slope should be considered to be an invitee or licensee. Because the highest duty of care is owed to an invitee, it will be assumed, for purposes ofthis motion, that Cody Jackson was an invitee ofthe defendants and this factual dispute therefore has no bearing on the outcome of this motion. 1t also will be assumed, for purposes of this motion, that defendants RVG and Village Associates were "possessors" ofthe property even though the sewer line was owned and leased by the sewer authority and township, respectively, and was located in an easement deeded to them. 10. Pennsylvania has adopted the Restatement (Second) of Torts, 9343 as defining the liability of a possessor of land to an invitee with respect to a dangerous condition. See, e.g., Carrenderv. Fitterer, 503 Pa. 178, l85, 469 A.2d 120, 123 (l983); Palenscarv. Bobb, 439 Pa. 10l, 105,266 A.2d 478, 480 (1970). Section 343 provides as follows: A possessor ofland is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise ofreasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger. Id. 3 . , ' '> , . ;""~"' ,< .';no, ,~,,' :_',,: ~:,,; - _,';' _ ,o~ /I:,~'~ "',' ,'-,'- ,<-,.-, - , ~' :;'- c , ll. Although defendants deny that the manhole constituted a dangerous condition, the testimony establishes that plaintiffs cannot meet the conditions of subpart (b) of 9343 because plaintiffs, including the minor plaintiff, have admitted knowledge of the manhole; in fact, Cody Jackson has testified that he saw it on the day of the accident as well as on prior occasions, and on the day of the accident, purposefully sledded around it on a couple of occasions before his accident occurred. 12. Relevant portions of Cody Jackson's deposition testimony, taken February 19, 2001, are attached hereto as Exhibit "B". In pertinent part, Cody testified that he and a friend, Matt Erb, at the time of the accident, were sledding behind a neighbor's home and that he had sledded in that same area on approximately two other occasions that same winter. See Exhibit "B", pp. 17-18, 37- 38. Cody acknowledged seeing the manhole before the accident and further acknowledged that at the time of the accident he could see it; it was not covered in any way by snow or anything else. Exhibit "B", pp. 25-26. On both prior occasions as well as on the date of the accident, Cody tried to avoid the manhole. Exhibit "B", p. 27. The accident occurred the third or fourth time Cody went down the slope on the day of the accident in the area of the manhole. Id. Cody also has testified that since the accident, he has played in the same area where the accident occurred and that no one has told him not to do so. Exhibit "B", p. 36. l3. Plaintiffs have answered interrogatories addressed by defendants. Attached hereto collectively as Exhibit "C" are the pages of defendants' interrogatories 29 and 30 and the plaintiffs' responses to them. The answers to interrogatories state that Mrs. Jackson was aware that Cody went to the area of the accident to go sledding although she denied this knowledge at her deposition taken February 19, 2001. 4 , ;, , -. .-,...,.; -' C.'" -.'. --, ,1,.;<" 'i '-'.~; '~'i , 14. The deposition of Cody Jackson's father, James Jackson, also was taken on February 19, 2001 and relevant portions of his deposition testimony are attached as Exhibit "D". In pertinent part, Mr. Jackson knew ofthe existence of the raised manhole (Exhibit "D", pp. 9, 11) and knew that children sledded down the slope when it snowed. Exhibit "D", p. 13. Mr. Jackson first saw the manhole when he moved to the premises in 1993 and its condition never changed since then. Exhibit "D", p. 18. He never told his children not to play on the slope. Exhibit "D", p. 19. He also never complained to anyone about the manhole and never considered that it posed any particular danger. Exhibit "D", p. 12. 15. The deposition of Cody Jackson's older brother, Kyle, who was bomMay 19, 1987, also was taken on February 19, 2001 and relevant parts of his deposition testimony are attached as Exhibit "E". In pertinent part, Kyle testified that he was able to see the manhole while his brother and his brother's friend were sledding on the day of the accident. Exhibit "E", p. 10. 16. Assuming for purposes of this motion only that moving defendants were "possessors" of the land and the manhole constituted an "unreasonable risk of harm," both of which are disputed by defendants, it is clear as a matter oflaw, under the Restatement, Carrender, Palenscar, and the other cases cited in moving defendants' Brief, that the Jacksons' knowledge of the manhole vitiates any duty, and therefore any liability, on the part ofthe defendants to warn ofthe manhole's existence and therefore, defendants cannot beheld liable under 9343 ofthe Restatement (Second) of Torts and the cases in Pennsylvania which have adopted it. Moreover, as discussed in the accompanying Brief, the concept of contributory negligence has no bearing on this duty analysis which our appellate courts equally have applied to accidents involving children as well as adults. Therefore, Cody Jackson's age at the time of the accident, while relevant to a determination whether he could have 5 .-, .. -!,-",-;- ; ., :,"_.~'-, -- ___,c",;;",,;q',.,--, :;,.,."",i-_', --:-"1 been contributorily negligent, has no bearing on this motion for sununary judgment which is prenlised on the absence of a duty on the part of the defendants to warn of the alleged hazard. WHEREFORE, defendants RVG and Village Associates respectfully request that the Court enter sununary judgment in their favor. Respectfully submitted, BENNETT, BRICKLIN & SALTZBURG LLP BY: er/f%#- PAUL F. LANTIERI, ESQUIRE Attomey for Defendants RVG Management and Development Company and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure t/d/b/a Village Associates, a partnership, t/d/b/a Hampden Village Mobile Home Park 6 - i,-'. -, -..~.,).'J -- "_- ~ <,,- u __,_j-,~;-__",-- '.'1"":;"_-'___\<",;,: ,:-:;.; VERIFICATION I, PAUL F. LANTIERI, ESQUIRE, hereby verify that I am the attorney for the within named defendants in the above-captioned action and that the facts set forth in the foregoing MOTION FOR SUMMARY JUDGMENT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BENNETT, BRICKLIN & SALTZBURG LLP BY: ee~, PAUL F. LANTIERI, ESQUIRE DATE: May 17,2002 "_"Co' '-J ----:-.,,'- ,-c-~ , - ~ _ , ,-,"~ ..;J' -'I' _,"", _ ' ''J--:;,I BENNETT, BRlCKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gotbier, Sr., Jack R. Leisure, Ronakl M Kamnan and Bradley C. Leisure, Vd/b/a Village Associates, a partnership, V<Vh'a Hlnnpden Village Mobile Home Park CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHlER, SR., JACK R. LEISURE, RONAlD M. KATZMAN and BRADLEY C. LEISURE Vd/b/a VILLAGE ASSOCIATES, a partnership, Vd/b/a Hampjen Village MOOile Home Pmk, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY CIVIL ACTION - LAW DOCKET No. 2000-798 CERTIFICATE OF SERVICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing MOTION FOR SUMMARY JUDGMENT was served upon counsel of record listed below by way of United States Regular First Class Mail, postage prepaid. James DeCinti, Esquire ANGINO & ROvNER, P.C. 4503 North Front Street Harrisburg, P A 17110 (Counsel for Plaintiffs) Charles James Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY Center Square West 1500 Market Street, Suite 1550 Philadelphia, PA 19102 (Counsel for Hampden Township and Hampden Township Sewer Authority) Scott B. Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Hanisburg,PA 17101 (Co~"M M.. """M~ ,.daM i!:!i'ik PAUL F. LANTIERI, ESQUIRE Dated: May 17, 2002 , ^' ~""~-" ~ . . . - "" _~ :" I '0 '"__,_, 9. ..' '} ,-, ) ) ; ') .~) CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. ;)lC'O. 'i <"("6 C:~ \{'\{y\ JURY TRIAL DEMANDED . RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE tJd/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants 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 and Notice are served, by entering a written appearance personally or by attomey 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 . 717/249-3166 . '~--- - ~~ ~~'''I_I~, ,I ) ) ,.' r) ~) " CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT Y GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN' TOWNSHIP SEWER AUTHORITY Defendants JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo aIpartir de la fecha de la demanda y la notificacion. 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 persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0, notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perderdinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 7171249-3166 n~-" - ~ -,.,~~ ,,' :) ) -~' -, ! ! ) CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. , RVG MANAGEMENT & DEVELOPMENT JURY TRIAL DEMANDED CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSillP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants C) ~ '.., . ,~. , . U,'.;i; :- :0; ~ I ''1 ....1 ~} '. c~. ~ ...;.~ ~;.~ " ,~ ~""'7: ( " ..i>.;:'=:": ---.:;:.; ~-, =2 ..--" -- ::0 / i. '~ . ,:--'":'l :::> <N ~< COMPLAINT 1. Plaintiff Cody Jackson is a minor who resides in Hampden Township, CUillberland County, Pennsylvania. Cody is currently eight years old having beenbom on May 7, 1991. 2. Plaintiffs James and Carolyn Jackson are adult individuals and are the parents and natural guardians of minor Plaintiff Cody Jackson. James and Carolyn Jackson alSo. reside in Hampden Township, CUillberland County, Pennsylvania. 3. Defendant RVG Management and Development Co. (hereinafter RVG) is a corporation organized under the laws of Pennsylvania and has a principle place of business in and regularly conducts business in CUillberland County, Pennsylvania. 4. Defendants Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley Leisure are adult individuals and are partners tid/b/a Village Associates, a partnership organized under the laws of Pennsylvania and regularly conducts business in CUillberland County Pennsylvania. These Defendants will be hereinafter referred to as the Village Associates Defendants. 5. Defendants Hampden Township and Hampden Township Sewer Authority are 207550.l\JD\MAR -~ - 'J a"""IiI~~ .., r') ,/') : ') ') political subdivisions organized under the laws of Pennsylvania, with a principal place of business located in,Cumberland County, Pennsylvania. 6. The ViIJage Associates Defendants are the owners of a property in Hampden Township Cumberland County commonly known as the Hampden Village Mobile Home Park. 7. Defendant RVG manages and otherwise maintains the property known as Hampden Village Mobile Home Park, for the Village Associates Defendants. 8. Plaintiffs own a mobile home in Hampden Village and rent a lot space from Defendant Village Associates and/or Defendant RVG. 9. Plaintiffs have lived in Hampden Village since approximately 1993. 10. In July, 1996, Defendant Village Associates filed a lawsuit in the Court of Common Pleas of Cumberland County seeking to evict the Jacksons from Hampden Village because it was alleged that children were playing in the streets of Hanlpden Village, allegedly in violation of the lot rental lease agreement. 11. The Jackson children and other children were only permitted to play in certain common areas of Hanlpden Village, under the terms of the lease. 12. On January 12, 1999, minor Plaintiff Cody Jackson was sleigh riding in the common area of Hanlpden Village where he was permitted, and in fact ordered, to play by Defendant Village Associates. 13. At that time and place while sleigh riding, minor Plaintiff Cody Jackson violently collided face first with sewer manhole cover which was approximately six inches above the ground but hidden beneath overgrown weeds and snow. 14. Minor Plaintiff Cody Jackson suffered severe and permanent injuries to his mouth and face including but not limited to severe trauma to the mouth, avulsion of at least six permanent teeth, severe tongue laceration and abrasions about the lips. 2 - - " I , I~' " '-) ,h) ) ) 15, By reason of the aforementioned injuries sustained by minor Plaintiff Cody Jackson, Plaintiffs James and Carolyn Jackson were forced to incur liability for medical treatment, medications, hospitalizations, and other similar miscellaneous expenses in an effort to restore Cody back to health, and claim is made therefoL 16. As a result of the aforementioned injuries, Plaintiff Cody Jackson has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his dail:y activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff Cody Jackson has sustained scars which will result in permanent disfigurement, and claim is made therefor. 18. As a result of the aforementioned injuries and scarring, Plaintiff Cody Jackson has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Cody Jackson continues to be plagued by persistent pain and limitation and, therefore avers that his injuries may be of a permanent nature causing residual problems for the remainder of his lifetime, and claim is made therefor. 20. As a result of the aforementioned injuries and scarring, Plaintiff Cody Jackson has required counseling and may in the future require additional counseling, and claim is made therefor. COUNT I Plaintiffs v. Robert V. Gothier. Sr.. Jack R. Leisure. Ronald M. Katzman. and Bradlev C. Leisure. tJdfb/a Village Associates. a partnership. tJd/b/a Hampden Village Mobile Home Park. 21. Paragraphs 1 through 20 are incorporated herein as if set forth at length. 22. All of the injuries and damages suffered by Plaintiffs as described herein are the 3 ~- ~. .1 .' .. L"J~ .- I;.., ~ -'", -) ) ! ) ) direct and proximate result of the negligence of the Village Associates Defendants as follows: a. creating a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; b. maintaining a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; c. failing to hlspect for andl,or eliminate the dangerous condition in the common area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; d. failing to warn Plaintiffs of the dangerous condition in the common area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; e. knowing that the manhole cover as described herein posed a serious danger of substantial bodily harm like the harm suffered by minor Plaintiff Cody Jackson, yet allowed it to exist; f. failing to properly grade the landscape in the common area where it required children to play such that the manhole cover described herein would have been flush with the ground like the other manhole covers in the common area and thus not pose a danger to persons such as minor Plaintiff Cody Jackson; g. failing to keep the common area of their premises safe for children such as minor Plaintiff Cody Jackson especially when Defendants required children such as minor Plaintiff Cody Jackson play in the common areas; and h. failing to assure that the common areas of Defendants' premises were safe for cli.i.ldren such as minor Plaintiff Cody Jackson. 23. At the time of the accident minor Plaintiff Cody Jackson was only 7 years old and under Pennsylvania Law was incapable of negligence. WHEREFORE, Plaintiffs demand judgment against the Village Associates Defendants in an amount of compensatory damages in excess of $25,000, exclusive of interest and cost, and in excess of any jurisdictional amount requiring compulsory arbitration. 4 -- "'-"-'_''0_""'" M .....- - '-- 1__" " . ) ) , ) "' ) COUNT II Plaintiffs v. RVG Management and Development Companv 24. Paragraphs 1 through 23 are incorporated herein as if set forth at length. 25. All of the injuries and damages suffered by Plaintiffs as described herein are the . direct and proximate result of the negligence of the Village Associate Defendants as follows: a. creating a dangerojls condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; b. maintaining a dangerous condition in the common area of its premises where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; c. failing to inspect for and/or eliminate the dangerous condition in the connnon area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; d. failing to warn Plaintiffs of the dangerous condition in the common area of its premise where Defendants knew and in fact required that children such as minor Plaintiff Cody Jackson play; e. knowing that the manhole cover as described herein posed a serious danger of substantial bodily harm like the harm suffered by minor Plaintiff Cody Jackson, yet allowed it to exist; f. failing to properly grade the landscape in the common area where it required children to play such that the manhole cover described herein would have been flush with the ground like the other manhole covers in the common area and thus not pose a danger to persons such as minor Plaintiff Cody Jackson; g. failing to keep the common -area of their premises safe for children such as minor Plaintiff Cody Jackson especially when Defendants required children such as minor Plaintiff Cody Jackson play in the connnon areas; and h. failing to assure that the common areas of Defendants' premises were safe for children such as minor Plaintiff Cody Jackson. 26. At the time of the accident minor Plaintiff Cody Jackson was only 7 years old and under Pennsylvania Law was incapable of negligence. WHEREFORE, Plaintiffs demand judgment against the RVG Management and Development Company Defendants in an amount of compensatory damages in excess of 5 ~~~ - ~-" HI lJ_~"", ,.' -) ;') ) ) $25,000, exclusive of interest and cost, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Plaintiffs v. Hampden Township and Hampden Township Sewer Authority 27 . Paragraphs 1 through 26 are incorporated herein as if set forth at length, 28. It is believed and therefore averred by Plaintiffs that the manhole cover in question and the attendant sewer lines are owned by Defendant Hampden Township and/or Hampden Township Sewer Authority. 29. By virtue ofthe subdivision plan of the Hampden Village Mobile Home Park, Harnpden Township and/or the Hampden Township Sewer Authority were granted a twenty foot right of way in and around the manhole cover at issue in this incident and the attendant sewer line. 30. The injuries and damages sustained by Plaintiffs as described herein are the direct and proximate result of the negligence of Defendant Hampden Township and Hampden Township Sewer Authority as follows: a. creating and maintaining a dangerous condition in the form of a raised manhole cover as described herein; b. failing to inspect for and/or eliminate the dangerous condition in the form of the raised manhole cover as described herein; c. failing to warn Plaintiffs of the dangerous condition in the form of the raised manhole cover as described herein; d. knowing that the manhole cover as described herein posed a serious danger of substantial bodily harm like the harm suffered by minor Plaintiff Cody Jackson yet allowing it to exist; e. failing to properly grade the landscape so that the manhole cover described herein would be flush with the ground like the other three manhole covers in the area of the Hampden Village Mobile Home Park; and .6 ."~ ,~ "_1, ~...;' J ) ., J ) f. failing to assure that the area around its manhole covers and attendant sewer line are safe for children such as minor Plaintiff Cody Jackson. 31. The dangerous condition of the manhole cover as described herein created a reasonably foreseeable risk of the kind of injury which was suffered by Plaintiffs. 32. Defendant Hampden Township and/or Hampden Township Sewer Authority had actual notice or could reasonably be charged with notice under the circumstances of th~.. dangerous condition in a sufficient time prior to the incident to have taken measures to protect against the dangerous condition. 33. At the time of the accident minor Plaintiff Cody Jackson was only 7 years old and under Pennsylvania Law was incapable of negligence. WHEREFORE, Plaintiffs demand judgment against the Hampden Township in an amount of compensatory damages in excess of $25,000, exclusive of interest and cost,and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. ,. /,1 Date: 1..\ l' ~ '00 ~~ ( ---.L '-James DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 7 I ~ 0, < ~ -- , . . ~ .~-~ ,~~ Fe~ 09 00 10:19p . , BILL DELL ..) .) 7~.G-97~. i. ) '.. J VERIFICATION I, Janles Jackson, Plaintiff, have read the foregoiug Complaint and do hereby swear or afflTIIl that the facts set forth in the foregoing are true and correct to the best of my knowledge, infonnation and belief. I understand that this Velification is made subject to the penalties of 18 PaC.SA Section 4904, relating to unswom falsification to authorities. WITNESS: 2 ____q'-'OQ ~, ~ / /I~ p.v/ ~~ tf'ames Jackson Dated: I """"" p.3 \,,---- ~='Co._ ~ _ F~b OS 00 10:18p ,oJ! 'I ~. I! BILL DELL ') ,') ?~6-S7)6 .) ." c VERIFICATION I. Carolyn Jackson, Plaintiff, have read th~ foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WI1NESS: ~ -<R -Oc> c(lJl~~r~lu~0 Carolyn Ja n Dated: J ~, p.2 I,"""",,,,~'-~.,""'~ -~~ ,. 1- '- '~ JACKSON,CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 1 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 4 CODY JACKSON, A MINOR, BY AND THROUGH: HIS PARENTS AND NATURAL GUARDIANS, 5 JAMES AND CAROLYN JACKSON, PLAINTIFF 6 VS. NO. 2 0 0 0 " 79 8 7 HAMPDEN TOWNSHIP AND HAMPDEN 8 TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., 9 ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN 10 AND BRADLEY C. LEISURE T/D/B/A VILLAGE ASSOCIATES, A PARTNERSHIP, 11 T/D/B/A HAMPDEN VILLAGE MOBILE HOME PARK, 12 13 14 15 16 DEFENDANTS DEPOSITION OF: CODY J. JACKSON 17 TAKEN BY: DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY LISA A. HANSELL, REPORTER NOTARY PUBLIC 18 19 BEFORE: 20 DATE: FEBRUARY 19, 2001, 10:10 A.M. 21 PLACE: ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 22 23 24 25 . GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 ,1 'r , i I i ~-"< r JACKSON, CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 14 16 1 A Yeah. 1 Q Okay. Did school end at its normal time or 2 Q How did you do? 2 did they shut early because of the snow? 3 A Okay. 3 A We had half a day that day. 4 Q AllrighL Have you been in any trouble this 4 Q Okay. What time did you get home from school? 5 year? 5 A We would pack up at 1:30, and then I'd get 6 A Some. 6 home about 1:50 maybe, 1:40. 7 Q What kind of trouble? 7 Q Did you come home on a school bus? 8 A In language art's class. 8 A Yeah. 9 Q What kind of trouble did you have in language 9 Q When you got home around I :50, say 2:00 in the 10 arts class? 10 afternoon, did you go right home or did you go someplace 11 A Making a whole bunch of noises witb my pencil 11 else first? 12 and stuff, hitting it on the desk and stuff. 12 A I went right home. 13 Q How ~y times did you do that? 13 Q And was there anybody home at that time? 14 A I don't know. 14 A Just Kyle. 15 Q Okay. Was it more than once? 15 Q What did you do when you got home? 16 A Yes. 16 A I was Just sitting watching TV for a little 17 Q Have you stopped doing it? 17 bit. IS A I'm in a different language arts class now. IS Q Okay. At some point did you decide you were 19 Q Well, have you' stopped doing it in the 19 going to go out and play? 20 different language arts class? 20 A I asked Kyle if I could and he said no. So 21 A Yeah. 21 then I just went outside after that. 22 Q Okay. Do you get along with your teacher in 22 Q You asked Kyle what? 23 the language arts class you're in now? 23 A I asked Kyie if I could go outside and play, 24 A Yes. 24 but he said no. Then I just went out after awhile anyway. 25 Q Do you get along with the kids in this class? 25 Q All right. Did you let Kyle know you were 15 17 1 A Yes. 1 going out? 2 Q Have you had any problems in any classes since 2 A No. 3 you moved to a different language arts class? 3 Q Did Kyle see you go out? 4 A No. 4 A No. 5 Q Have you had any detention this year? 5 Q Was there any particular reason why Kyle said 6 A No. 6 you coUldn't go out? 7 Q All right. Getting back \0 the accident. what 7 A Because my mom and dad wereo't home. S kind of day was it? By that I mean what kind of weather was S Q Okay. Where did you go when you left? 9 it like on the day of your' accident. 9 A I went behind the houses. Tben I saw Matt, 10 A Snowy. 10 and then I went over to his house, and behind his neighbor's 11 Q Was it actually snowing that day? 11 bouse, the house before his, we were sledding there. 12 A Yes. 12 Q All right. So you were not sledding outside 13 Q How much snow was there, was it a little, was 13 ofMatfs house but a house next to his? 14 it a lot? 14 A Yeab. 15 A A lot. 15 Q Okay. Who all was sledding? 16 Q About what time did the accident happen, was 16 A Just me aDd Matt. 17 it morning, afternoon? 17 Q And what were you using to sled? IS A Afternoon. 18 A Some little round thing. 19 Q Was it a school day or not a school day? 19 Q Okay. Did you just have the one or did you 2Q A A scbool day. 20 both have one? 21 Q Was the school closed that day? 21 A We both bad one because he was borrowing his 22 A No. 22 sister's too. 23 Q Did you go to school that day? 23 Q Had you ever done that before, go sledding in 24 A Yeab, and then it started to snow when we were 24 that same area before? 25 in school. 25 A Yeab. GEIGER & LORIA REPORTING SERVICE. 1-800-222-4577 5 ~~~ J JACKSON, CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 18 20 1 Q All right. How many times before you hurt 1 A Probably enough to cover my shoes. 2 your mouth had- you gone sledding in that same area? 2 Q What kind of shoes did you have on? 3 A Maybe two. 3 A Boots. 4 Q Was it two times that winter or two times 4 Q Maybe about five, six inches high? 5 overall? 5 A Yeah. 6 A Two times overall. 6 Q All right When you first started sledding 7 Q Okay. ,Had you ever seen other kids sled in 7 down the hill, who went first, you or Matt or did you go 8 that same area before you hurt your mouth? 8 both at the same time? 9 A Not that I remember. 9 A Matt. 10 Q Okay. When you had gone sledding in that area 10 Q Okay. Did you watch him go? 11 two times before you hurt your mouth, did you go alone or 11 A Yeah. 12 did you go with somebody else? 12 Q Did he have any problems when he went down the 13 A I would be there with someone else and some 13 hill the first time'? 14 other friends. 14 A 'No. 15 Q Did anyone eve! tell you you weren't supposed 15 Q Did he hit anything? 16 to be sledding back there? 16 A No. 17 A No. 17 Q In the area where you were sledding, are there 18 Q Okay. Did your parents know you ever went 18 any trees or woods nearby? 19 sledding in that area? 19 A Yeah. 20 A I don't know. 20 Q And how close to the top of the hill are those 21 Q Okay. When YOll; went sledding in that area the 21 trees? Let me back that up. Are there trees down the hill 22 day you hurt your mouth, was Mrs. Erb at home? 22 on the bottom of the hill? 23 A Yes. 23 A Yeah. 24 Q Did she know you were sledding in that area 24 MR. DeCINTI: I'm going to object to the form 25 with her son? 25 of that question. Are there trees down the hill meaning on 19 21 I A I don't know. 1 the slope? 2 Q Did she come out and say hello to you or did 2 MR. DALY: Well, I'm going to ask him where 3 you go in and say hello to her? 3 they're at. Otherwise, my question will be a paragraph 4 A No. 4 long. 5 Q Did you ever go into the Brb house that day 5 MR. DeClNTI: Okay. 6 before you got hurt? 6 BY MR. DALY: 7 A No. 7 Q From the top of the hill where you're standing 8 Q How long were you sledding approximately 8 before you go down sledding, how close are those trees that 9 before you got hurt? 9 are down the hill? 10 A I don't know. 10 A Probably about like right there. II Q Describe the area where you were sledding. Is 11 Q Well, that's hard to put on the record. Can 12 it like a hilt or is it flat? 12 you give me an idea? Are they right at the bottom ofthe 13 A It's a reaDy steep hill. 13 hilt, are they on the hill? 14 Q Before you got hurt, can you tell me about how 14 A I would say maybe about three feet away. 15 many times you went down the hill? 15 MR. DeCINTI: Well- 16 A About two. 16 MR. DALY: I'll get some pictures out. 17 Q While you were sledding in that area, was it 17 MR. DeCINTI: Exactly. 18 still snowing? 18 MR. DALY: Do you have the originalS, Jim? 19 A No. 19 MR DeCINTI: I have some. I sent- 20 Q I'm sorry. I couldn't hear you. 20 MR. LANTIERI; I have copies. 21 A No. 21 MR. DALY; I have copies. 22 Q I'mjust trying to get an idea of how deep the 22 MR. DeCINTI: Color photocopies? 23 snow was. If you were walking around outside Matt's house, 23 MR. DALY: No. I have black and whites. 24 Matt Erb's hou~, on that day, how high would the snow come 24 MR LANTIER1: 1 thInk 1 have hoth. 25 up on you, would it go up to your ankle, up to your knee? 25 MR. DALY: I have color photocopies of his > GEIGER & LORIA REPORTING SERVICE" 1.800.222-4577 6 ,~" .~ ,b v, f t I. r I ! H " , <. , J r t ! i I I I I ~ ~ (, < -- . JACKSON,CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 34 36 I Q How did you do with your grades staying at 1 Q I can ask your mom and dad that Okay. Have 2 home and trying to keep up that way? 2 you been back to that area sledding since the accident? 3 A Good. 3 A No. 4 Q You did okay? 4 Q You still live in the same house, don't you? 5 A Yeah. 5 A Yes. 6 Q Did'you have to go to summer school? 6 Q Have you played in the same area since the 7 A No. 7 accident, you know, played baseball, football, anything like 8 MR. DALY; Mark that as Exhibit 3. 8 that? 9 (Copy of photograph marked as Jackson Exhibit 9 A Sometimes. 10 3.) 10 Q Has anybody told you not to play down there? 11 BY MR. DALY, 11 A No. 12 Q rll show you what's been marked as Jackson 12 Q Has anybody told you that's where YOUTe 13 Exhibit 3, Cody. The picture - 13 supposed to play? 14 MR. DeCINTI: Which one do you want to look 14 A No. 15 at? 15 Q Is there a playgroWld nearby which is a 16 MR. DALY: The picture that has - it's on the 16 dedicated playground? By that I mean an area that has maybe 17 bottom of the page as it's been marked. You have to turn it 17 swings or a baU field. Is there anything like that nearby? 18 around, though, to take a look at it. 18 A Yes. 19 BYMR.DALY: 19. MR. DeCINTI: I'll object to the form because 20 Q There's a trailer home there that looks like a 20 I don't know what nearby means. 21 gray wood siding type of trailer home. Do you see that? 21 BY MR. DALY: 22 A Yes. 22 Q How about right in your development that you 23 Q Whose house was that at the time? 23 could walk to if you had to? 24 A That's Matt's. 24 A No. 25 Q That's Matt's? 25 Q All right. Is there one that you can ride a 35 37 1 A Yes. I bicycle to? 2 Q Okay. I'll just put MaWs house over top of 2 A Maybe. 3 it. Okay? 3 Q Is there one that you have been to somewhere 4 A Yes. 4 around your development? 5 Q The edge of the white house that's in the 5 A Yes. 6 comer, the same comer of the same picture, that's 6 Q How do you get there? 7 Mmybeth's? 7 A Either my mom drives me over there aDd we stay 8 A Yes. 8 for a little bit with Kyle or my dad drives me over there. 9 Q That gives me a pretty good idea where it is 9 Q So usually you get driven over there? 10 now. So you WeIlt into the BIb house right after the 10 A Yes. 11 accident and Mrs. Erb put a cloth -- gave you a cloth? 11 MR. DALY: Those are all the questions I have 12 A Yes. 12 for you. 13 Q What did you do then? 13 14 A I was just holding it over my mouth. 14 CROSS-EXAMINATION 15 Q Okay. You went to a hospital; right? 15 16 A Yes. 16 BY MR. LANTIERL 17 Q Did you leave to go to the hospital from the 17 Q Cody, my name is Paul Lantien. ['m also a .18 Brb house or did you go home first? 18 lawyer, and I have some questions for you too. 19 A From the Erb bouse. My mom picked me up tben. 19 A Okay. 20 Q Me you still seeing somebody for treatment 20 Q 1 just want to make sure I understand 21 for your mOlJ.th? 21 something. Did you say that before this day when your 22 A Yes. 22 accident happened you did sled in that same area where you 23 Q What's the doctor who sees you the most now, 23 got hurt? 24 if you know? 24 A Yes. 25 A I'm not snre. 25 Q Okay. Was it earlier that winter? GEIGER & LORIA REPORTING SERVICE. 1.800.222-4577 10 ~, .r( I t :1 '\ A :J :.1 d '.1 ;1 I i I ~ f,~ ~ ~ ,J ~ ~ l ~ "" .....1- , ~ > :" - JACKSON, CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 38 40 1 A Yes. 1 A Yes. It's right behind all tbe trees. 2 Q And when you went there to sled, did you have 2 Q Okay, I want to show you these pictures 3 your parents' pennission to do that? 3 again, I'll ask you to take a look at this top picture on 4 A No. 4 what has been marked Jackson Exhibit 2, That shows the blue 5 Q Youwemomonyomow~ 5 house and the white house? 6 A Yes, 6 A Yes. 7 Q When this accident happened, was it light out 7 Q And I'm sorry. Tell me again whose house is 8 or dark out? 8 the blue house? 9 A It was light out. 9 A I'm not sure. 10 Q You said you got home a little before 2:00, 10 Q And the white house'? 1\ and your brother was home? 1\ A Marybetb. 12 A Yes. 12 Q And you don't know Marybeth's last name? 13 Q And you watched TV for awhile? 13 A No. 14 A Yes. 14 Q Do you know ifit's Wilson? No? All right. 15 Q Do you know how long you watched TV, do you 15 Do you know where the Wilsons live? 16 know how many shows you watched? 16 A No. 17 A Two or three. 17 Q So there's the blue house, and there's 18 Q Do you happen to know what time it was when 18 Marybeth's house. What I want to try to do is figure out 19 you went outside? 19 where your house is. Can you point on the picture where 20 A 2:30 maybe. 20 your house would be? 21 Q So you were only home a half-hour before you 21 A It would be about tw~ or three houses down 22 went out? 22 that way. 23 A Yes. 23 Q Okay. Two or three houses to our left of the 24 Q When you went outside, did you start sledding 24 blue house? 25 right away? 25 A Yes. 39 41 1 A Yes. 1 Q Uyou keep on going away from your house, do 2 Q At any time were you playing ~-I'm talking 2 you come to where the creek is? 3 about the day when you got hurt. Were you playing with 3 :MR.. DeCINTI: I don't understand that 4 anybody besides Matt? 4 question. 5 A No. 5 MR. LANTIERl: All right 6 Q Did you sled any other places other than the 6 BY MR. LANTIERl: 7 place where'you got hurt? 7 Q Is there a play area down in this section 8 A Sometimes by my house. 8 behind the houses? 9 Q By your house. Did you sled behind your house 9 MR. DeCINTI: I object to the fonn. I don't 10 on the day you got hurt? 10 know what you mean by a play area. 1\ A No. 1\ BY MR. LANTIERl: 12 Q Why did you go to that place where you got 12 Q Has anyone ever told you that there is a play 13 hurt near Matt's house, do you know? 13 area down in this grassy area behind the houses? 14 A Because It's ODe of the steepest hills. 14 MR DeCINTI: WeU, I objecl to the fonn. 15 Q Okay. Was this steep enough that uyou went 15 There is a lot of houses here, there's a lot of area. I 16 all the way down would you go into where the trees were? 16 don't know that he understands -- 17 A Yeah, we could, but we stopped before 'We would 17 MR. LANTIERl: Okay. 18 go to hit them. 18 :MR., DeCINTI: I really don't understand what 19 Q Uyou didn't stop yourself, you would keep on 19 you mean, and I don1t know what play area means. !tIS a 20 going to the trees? 20 field. 21 A Yes. 21 :MR. LANTIERl: Let me change my question. 22 Q Now. is there a creek around there? 22 BY MR LANTIERl: 23 A Yes. 23 Q This area down the slope toward the trees -- 24 Q And when you sled down the hill, do you sled 24 there is a slope behind your house; am I right? 25 toward the creek? 25 A Yes. GEIGER & LORIA REPORTING SERVICE .1.800.222-4577 11 ;,--~"- 1 I i i , , '-1 t ~ I ___u~ .1 ~ JACKSON,CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 22 24 1 pictures, Oh, no, I've got them. Are these the same ones 1 Q Does that photograph show the area where you 2 you have, Paul? 2 were sledding the day you got hurt? 3 MR. LANTIERI: Yes, I have some. 3 A Yes. 4 MR DeCINT1: They ought to be. 4 Q I'm showing you what has been marked for 5 MR. LANTIER!: I have some of these, too. I 5 identification as Jackson' Exhibit I, The bottom photograph 6 think some were taken by your office. 6 has a side view of what appears to be a blue house and a 7 MR, DALY: And some were taken by the 7 white trailer house, Do you see what I'm saying? 8 Jacksons. 8 A Yeah. 9 MR. LANTIERI: These are different from these; 9 Q Are those the same houses that are on Jackson 10 right? 10 Exhibit 2? 11 MR. DALY: Yes. They're taken at different 11 A Yes. 12 times, 12 Q So the white house would be Marybeth's? 13 A That was after my accident when I was home, 13 A Yeah. 14 those ones. 14 Q And the blue house would be the person you 15 MR LANTIER!: These? 15 didn't know? 16 A Yeah, because my mom was taking some, too. 16 A Yeah. 17 MR. DALY: Can you mark these as Jackson 17 Q Okay. The photographs that are on Jackson 18 Exhibits 1 and 2? 18 Exhibit 1 show trees in the background; is that correct? 19 (Copies of photographs, marked as Jackson 19 A Yes. 20 Exhibits 1 and 2.) 20 Q Were those the trees we were talking about 21 BY MR. DALY: 21 earlier? 22 Q I'm going to show you what has been marked for 22 A Yeah. 23 identification as Jackson Exmoit 2 first I want you to 23 Q Were those trees there on the day of your 24 look at the top photograph. There are two photographs on 24 accident? 25 that page. Loo~g at the top, do you see that, Cody? 25 A Yes. 23 25 , 1 A Yes. 1 Q Can you tell me with certainty that ~t is 2 Q Do you recognize whose homes they are that are 2 the area where you got hurt that is shown on 1 and 27 3 shown in that photograph? 3 A Yes, 4 A That house right there would be Marybeth's. 4 Q All right. Now, in those photographs on 5 :MR. DeClNTI: For the record, itls the white 5 Jackson Exhibit 2, there's an 9bject in the middle of each 6 trailer home in the upper right-hand comer. 6 photograph that I'm pointing to. Do you see that? 7 BY MR. DALY: 7 A Yeah. 8 Q Marybeth who? 8 Q Do you know what they are? 9 A I'm not sure what her last name is. 9 A Manhole covers. 10 Q And the blue trailer, whose is that, do you Ie Q Had you seen those manhole covers at any time 11 know? 11 before you got hurt? 12 A I'm not sure what her name is. 12 A Yes. 13 Q Okay. So would it be fair to say then that 13 Q This grassy area that's depicted in Jackson 14 the Erb trailer home is not in that photograph? 14 Exhibit 2 and Jackson Exhibit 1, is that called anything or 15 A Yeah. 15 known as any particular name among you kids that play there? 16 Q Okay. Where would the Erb trailer home be in 16 A No. 17 relation to Marybeth's? 17 Q Is it referred to as anything at all? 18 A It would be about over here. 18 A No. 19 Q It would be the next one ever from Marybeth's? 19 Q Is this an area where kids have played before 20 A Yeah. 20 the date ofyouT accident? 21 MR. DALY: Can we just put an MB over top of 21 MR. DeCINTI: Objection. Is your question did 22 the trailer home he identified as Marybeth's? 22 he ever see kids playing in this area? Is that what the 23 MR DeCINTI: Right here? 23 question is? 24 MR. DALY: Yes, thafs fine. 24 MR. DALY: That's what I thought I asked. 25 BY MR. DALY: 25 MR. DeCINTI: Look, he's a nine-year~old kid. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 7 '",..._-,,"" I ., \1 ci ''.1 , :1 ~ ~ ,I '1 11 , l; !,j i - - ", JACKSON, CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 26 28 1 What you and I understand might not be what he understands. 1 Q Did you intend to go down backwards? 2 So I just want him to understand what your questions are. 2 A Yeah. 3 BY MR. DALY: 3 Q Was it just you on the little round sled? 4 Q Did you ever see kids playing in that area at 4 A Yeah. 5 any time before you hwt your mouth? You already told me 5 Q You weren't sharing with anybody else? 6 that you had been there with some friends sledding before, 6 A No. 7 How about other times? 7 Q Had you ever gone down backwards like that 8 A Yes. 8 before? 9 Q Whl.1t do kids do in that area? 9 A No. 10 A Th~y sometimes throw baseballs back and forth. 10 Q Okay. Did you fall off of the sled before you II Q Okay. Had you ever seen any kids get hurt 11 came into contact with the manhole cover? 12 tripping or ruooing into or falling into that manhole cover 12 A No. 13 at any time? 13 Q How is it that you came into contact with the 14 A No. 14 manhole cover? You said something about sliding on ice. 15 Q On the date you were sledding, could you see 15 What happened? 16 that manhole cover or was it covered with snow? 16 A I guess I slid on ice, and then it turned me 17 A I could see it. 17 around and I bit the Dtanbole cover. 18 Q Oka.y, So the snow didn't cover it completely? 18 Q So you had turned around and facing towards 19 A No. 19 the manhole cover before the accident happened? 20 Q Djd it cover it at all? 20 A Yeah. 21 A I tbink it just covered the bottom of it. 21 Q And what hit the manhole cover first? 22 Q Oka.y. Was there any particular reason on the 22 A Just the (rant of my face. 23 date you got injured that you were sledding in that area as 23 Q Okay. What rm trying to understand is how ~- 24 opposed to b~hind the Brb trailer or directly behind 24 how big is the sled that you were on, the round thing? 25 Marybeth's trailer home? 25 A I would say about a little wider tbau the 27 29 1 A Because Marybeth's trailer has tbe steepest manhole cover. . I 2 hili, and we like to go really fast 2 Q Okay, And how were you riding-it, how did you 3 Q All right. So that's the steepest area? 3 situate yourself on it? 4 A Yeah. 4 A Laying down. 5 Q Had you ever sledded in that exact same spot, 5 Q Okay. !fyou were lying down, would part of 6 that steepest area, before the date of your accident? 6 your body extend out over the sled itself? 7 A Yes. 7 A Yes. 8 Q Had you ever sledded down there and ever come 8 Q Were you laying on your stomach or on your 9 into contact with the manIiole cover before the date you had 9 back? 10 your accident? 10 A My stomach. 11 A No, 11 Q Had you laid down across this sled on your , . 12 Q When you bad sledded there on times before the 12 stomach before the accident happened? 13 date you hurt your mouth, had you tried to avoid that 13 A No. 14 manhole COVer when you sledded down the hilt? 14 Q How were you riding the sled before the 15 A Ye$. 15 accident happened? 16 Q On the date that you got injured and hurt your 16 A Sitting on my knees or just sitting down. 17 mouth, were you still trying to keep away from or avoid that 17 Q Does this little round thing have some handles 18 manhole COVer when you sledded down the hill? 18 on it to hold onto as you're sledding? 19 A Yo,. 19 A Yes. 20 Q Tell me what happened. 20 Q Were you holding onto the handles at the time 21 A I Was sledding, and about the tbird or (ourth 21 you went down and hurt your mouth? 22 time I went down backwards and then I guess I slid on ice 22 A Yes. 23 and then I bit it. 23 Q How much of your top part of your body was 24 Q Okay. How come you went down backwards? 24 hanging out over the sled, was it just your head, was it 25 A I don't know. 25 part of your chest? . GEIGER & LORIA REPORTING SERVICE -1.800.222-4577 8 '- . r~ ,! \ t ~ '. " i, f}' ;:i b t I I k I, l <k JACKSON, CODY 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 34 36 1 Q How did you do with your grades staying at 1 Q I can ask your mom and dad that. Okay. Have 2 home and trying to keep up that way? 2 you been back to that area sledding since the accident? 3 A Good. 3 A No. 4 Q You did okay? 4 Q You still live in the same house, don't you? 5 A Yeah. 5 A Yes. 6 Q Did you have to go to sununer school? 6 Q Have you played in the same area since the 7 A No. 7 accident, you know, played baseball, football, anything like 8 MR. DALY: Mark that as Exhibit 3. 8 that? 9 (Copy of photograph marked as Jackson Exhibit 9 A Sometimes. 10 3.) to Q Has anybody told you not to play down there? 1l BY MR. DALY: 11 A No. 12 Q fIt show you what's been marked as Jackson 12 Q Has anybody told you that's where you're 13 Exhibit 3., Cody. The picture - \3 supposed to play'? 14 MR DeCINTI: Which one do you want to look 14 A No; 15 at? 15 Q Is there a playground nearby which is a 16 MR. DALY: The picture that has - it's on the 16 dedicated playground? By that I mean an area that has maybe 17 bottom of the page as it's been marked. You have to turn it 17 swings or a ball field. Is there anything like that nearby? 18 around, though, to take a look at it. 18 A Yes. 19 BY MR. DALY: 19 MR. DeCINTI: Jtll object to the fonn because 20 Q There's a trailer home there that looks like a 20 I dontt know what nearby means. 21 gray wood siding type of trailer home. Do you see that? 21 BY MR DALY: 22 A Yes. 22 Q How about right in your development that you 23 Q Whose house was that at the time? 23 could walk to if you had to? 24 A That's Matt's. 24 A No. 25 Q That's Matt's? 25 Q All rigbt. Is there one that you can ride a 35 37 1 A Yes. 1 bicycle to? 2 Q Okay. rtIjust put Matt's house overtop of 2 A Maybe. 3 it.. Okay? 3 Q Is there one that you have been to somewhere 4 A Yes. 4 around your development? 5 Q The edge of the white house that's in the 5 A Yes. 6 comer, the same comer of the same picture, that's 6 Q How do you get there? 7 Marybeth's? 7 A Either my mom drives me over there and we stay 8 A Yes. 8 for a Uttle bit with Kyle or my dad drives me over there. 9 Q That gives me a pretty good idea where it is 9 Q So usually you get driven over there? to now. So you went into the Erb house right after the 10 A Yes. 11 accident and Mrs. Erb put a cloth - gave you a cloth? 11 MR. DALY: Those are all the questions I have 12 A Yes. 12 for you. 13 Q What did you do then? 13 14 A I was Just holding it over my moutb. 14 CROSS-EXAMINA nON 15 Q Okay. You went to a hospital; right? 15 16 A Yes. 16 BY MR LANTlERI' 17 Q Did you leave to go to the hospital from the 17 Q Cody, my name is Paul Lantieri. I'm also a 18 Erb house or did you go home first? 18 lawyer, and I have some questions for you too. 19 A From the Erb house. My mom picked me up then. 19 A Okay. 20, Q Are you still seeing somebody for treatment 20 Q I just want to make sure I understand 21 for your mo~th? 21 something. Did you say that before this day when your 22 A Yes. 22 accident happened you did sled in that same area where you 23 Q What's the doctor who sees you the most now, 23 got hurt? 24 if you know? 24 A Yes. 25 A I'm not sure. 25 Q Okay. Was it eartier that winter? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 10 - ,'. - 2000-798 b. during the incident; and c. immediately after the incident. ANSWER: 29. Was a parent, guardian or baby sitter present with minor-plaintiff or in the vicinity of minor-plaintiff prior to, at the time of or following the incident? ANSWER: 30. If your answer to the preceding Interrogatory is yes, state: the name and address of that person; his or her relationship to minor~plaintiff; the length of time that person has known minor-plaintiff; the location of that person immediately prior to the incident; the location of that person at the time of the incident; the location of that person immediately after the incident; and the actions taken by that person in response to the incident. a. b. c. d. e. f. g. ANSWER: - 14- _.'~ "' . --. ~-- l'" " ='~Li 29.-30. Mrs. Jackson was aware that Cody had gove to his friend's h08use to go sledding in the common area of property. Minor-plaintiffs older brother, Kyle, age 11, was in the vicinity going back and forth between the Jackson house and the sledding area prior to the accident and saw Cody after the accident at the Erb house and tried to find phone numbers to call. Mrs. Lynn Erb, 6011 Mockingbird Dr., Mechanicsburg, PA, neighbor and mother of Amanda and Matthew; has known Cody since approximately 1995 ; prior to the incident and at the time of the incident, she was at her home; after the incident, when Cody came to her, she put a washcloth and ice on his mouth. Mrs. Jackson arrived shortly after that. 31. Lynn, Matthew, and Amanda Erb, 438 Front Street, Lewisberry, P A Kyle Jackson - see Jackson address above. 32. No. 33. - 35. Objection. To the extent this interrogatory seeks facts known or opinions held by experts retained for the purposes of litigation but not identified as trial witnesses, it exceeds the pennissible scope of expert discovery under Pa. R.C.P. 4003.5. In further response but without waiving said objection, See, Plaintiffs' response to Interrogatory #29 - #31; Also, see list of treating doctors above;Plaintiffs and Defendants; Plaintiffs' oldest son, Tony who went to the hospital later that day; various relatives such as grandparents who saw Cody's injuries; school officials who know about the incident. Bill Dell, grandfather, 966 W. Trindle Rd., Mechanicsburg, P A 17055 Joan Sanders, grandmother, Jefferson St., Duncannon, P A Plaintiffs reserve the right to supplement. 36. Objection. To the extent this interrogatory seeks facts known or opinions held by experts retained for the purposes of litigation but not identified as trial witnesses, it exceeds the pennissible scope of expert discovery un,der Pa. R. C.P. 4003.5. In further response but without waiving said objection, no statements at this time. 37. N/A 38. PlaintiffS have not yet determined whom they will call as expert witnesses at trial. Upon completion of discovery, when such a designation is made, Plaintiffs will seasonably supplement their response to this interrogatory in compliance with the requirements ofPa. R.C.P.4003.5. Byway of further response, Plaintiffs anticipate calling all of the dental healthcare providers as experts in the case. 39. See, Plaintiffs' response to Interrogatory #38. 21327S.lIJDIGAB ~,--,"'~'~"- - - ~~ .,"c:, JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 1 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 4 CODY JACKSON, A MINOR, BY AND THROUGH: HIS PARENTS AND NATURAL GUARDIANS, 5 JAMES AND CAROLYN JACKSON, PLAINTIFF 6 VS. NO. 2000-798 7 HAMPDEN TOWNSHIP AND HAMPDEN 8 TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., 9 ROBERT V. GOTHIER, SR., , JACK R. LEISURE, . RONALD M. KAT~MAN 10 AND BRADLEY C. LEISURE T/D/B/A VILLAGE ASSOCIATES, A PARTNERSHIP, 11 T/D/B/A HAMPDEN VILLAGE MOBILE HOME PARK, 12 13 14 15 16 DEFENDANTS DEPOSITION OF: JAMES W. JACKSON " i I 'I i 1 17 TAKEN BY: DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY LISA A. HANSELL, REPORTER NOTARY PUBLIC 18 19 BEFORE: 20 DATE: FEBRUARY 19, 2001, 12:40 P.M. 21 PLACE: ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 22 23 ;!4 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 -- ..........~I-~ ....'. . ~'-'t;" JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP t 6 8 I A I go all the way to the creek. 1 the trailer park as to what you had to do and what the 2 Q Would the creek be in the generally level area 2 landlord had to do with respect to mowing in that area? 3 below the hill? 3 MR.. DeCINTI: The area- '- 4 A Yeah. 19o to the bottom of the hill behind 4 MR. DALY: Behind his house. 5 my house. I'll be able to go 20 yards to the creek, and as 5 MR. DeCINTI: The three that he mows? - 6 you get to the trailer to the left going towards that 6 MR.. DALY: That's right 7 manhole cover it gets bigger. I mow his. It's probably 7 MR.. DeCINTI: Okay. 8 about an acre I mow. I mow all three, plus,my yard and my 8 BYMRDALY, 9 hUl. 9 Q What was your understanding? 10 Q Have you ever seen any of the neighbors in the 10 A Well, I was wondering when we moved~. When 11 area where the manhole cover is located mow the lawn back 11 summer got here I guess that's when I asked are you going to 12 there? 12 mow it or am I, and that's when [was told wbat [was told. II A No. II Q What was it that you were told? 14 Q Have you ever seen it be mowed? 14 A fiyou want to play down tbere, mow it 15 A I'm not sure if It's right there at the 15 yourself and it will be considered your area. 16 manhole cover. Three houses down from us that kid he used 16 Q Who told you that? 17 to mow it maybe every once in a great while bebiud his 17 A Rob Gotbler, Jr. 18 house, maybe a couple times a year, he might skip ~ year, 18 Q Was that ever put in writing to you that if 19 bu~ nothing like [do every week. 19 you mowed that area you could consider it your own? 20 Q Have you ever seen any representative of the 20 A No. 21 landlord go into the grassy area below the hill and mow the 21 Q To your knowledge, are there other neighbors 22 grass there? 22 who have a similar understanding with the owners, that if 23 A Just that one kid when they got the accident. 23 they mow and maintain that area they can consider it their 24 Like she said, the park bired him and he mowed down there. 24 own? 25 He came up to and stopped where I mow because [mow that. 25 A I bave no idea. 7 9 I He went around there one time, and tbat's the only time I I Q You've never discussed it with them? 2 seen him doing tbat. 2 A No. 3 Q So you've only obsetved a representative of 3 Q How did you find out about Cody's accident? 4 the landlord mow in the area of the manhole cover just that 4 A Lynn caDed me at work. 5 one time? 5 Q What did she tell you? 6 A One time. 6 A She said you better get home right now, Cody's 7 Q When did that happen in relation to Codyts 7 been in an accident, and I think you need to take him to the 8 accident, before or afterwatds? 8 hospital. 9 A That su.mmer after the accident. . 9 Q And what did you do? 10 Q Had you or your wife ever r.equested of the 10 A [ told work I had to go, and I left and went 11 landlord that the landlord have the area of the hill behind 11 to Lynn's house. Carolyn had already gotten there and left 12 and to the creek behind your house mowed as opposed to you 12 with Cody. Then I went to the hospital. 13 doing it? 13 Q After Cedis accident, did anyone ever point 14 MR. COOPER: Before or after, at any time? 14 out to you the specific manhole cover on which he was 15 MR.DALY: At any time. 15 injured? 16 A Yes. But, like she said, if we want to play 16 A I knew It was there. 17 down there, we maintain It ourselves. 17 Q But after the accident did anybody ever point 18 BY MR. DALY: 18 it out to you and say this is the one? 19 Q When did you ask the landlord to mow that 19 A Well, yeah. 20 area, was it before or after Codyts accident? 20 Q Is it the same manhole cover that is depicted 21 A Before. 21 in 1, 2 and 3 that we have, the photograph exhibits we have 22 Q Was it shortly after you moved in basically? 22 here, is that your Wlderstanding of the one it was? 23 A Yes. I knew what I bad to do and what I 23 A Yes, it's that one. 24 didn't bave to do. 24 Q Who pointed it out to you? 25 Q What was your understanding upon moving into 25 A Well, when I was told he bit a manhole cover, t ~ GEIGER & LORIA REPORTING SERVICE. 1.800-222-4577 3 , I ~ 1 "-~'" - ..."',._~ '-. "'~C~, JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 10 12 I I knew which manhole cover he hit But Cody, Kyle, Anthony, 1 become flush with the ground like the one behind your house? 2 they let me know. 2 A No. 3 Q Are there other manhole covers behind the 3 Q To your knowledge, did you or anyone else ever 4 homes on Mockingbird Drive? 4 complain to the park management that this manhole cover was 5 A Yea~. There's one down between my bouse and 5 raised and perhaps posed a tripping hazard of some sort? 6 the neighbor's house. 6 A No. 7 Q And what neighbor are you referring to? 7 Q Before Cody had his accident, did you, 8 A Bonnie. 8 yourself, think. or consider that this manhole cover posed 9 Q The one that we talked about already? 9 any particular danger? 10 MRS. JACKSON: Yes. 10 A No. II ByMltDALY: II Q Has the manhole, the raised manhole cover on 12 Q Mrs. Bonnie, Hey YOlL 12 which Cody was injured, been changed or altered in any way 13 A They just moved in so. ~ . 13 since Cody's accident? Has anYQody made it flush with the 14 Q Okay. Who was their predecessor, who used to 14 ground. for example? 15 live there? 15 A No. 16 A Mike. I don't know his -we didn't Uke 16 Q Has anyone requested that it be made flush 17 them. 17 with the ground? 18 Q Okay. Anyhow, the manhole that is between 18 A No. 19 your house and what is now Bonnie's trailer house, is that a 19 Q At least not to your knowledge? 20 raised one? 20 A Not to my knowledge. I didn't. I don't know 21 A No. Itls flush with the ground, grass is 21 if my lawyers prior to that did or not. They said don't 22 around it. 22 mess - don't talk to them, they'll haodle it. 23 Q Was it in that condition when you moved in? 23 Q Right, right. How about your neighbors, 24 A Yes. 24 though? Do you know of any neighbors that have asked that 25 Q The area that you would mow, that roughly acre 25 it be changed? 11 13 1 area, would it include the area where that manhole cover is 1 A No. 2 located? 2 Q What was your understanding of where the kids 3 A Yes. 3 were supposed to play at the time of Cody's accident, was 4 Q Did you ever see anybody go back to the 4 there anyone area they were supposed to play in or to 5 manhole covers behind the houses? 5 avoid, did you have any understanding of that? 6 A No. 6 A When It snowed, they slid down behind the 7 Q Do any work there? 7 hill, behind all the houses, behind our houses. 8 A Never. 8 Q Was there any park. rule, though, as to where 9 Q You testified that you knew that the other 9 they were supposed to play that you were aware of at the 10 manhole cover, the raised one that was involved in Cody's 10 time of Cody's accident? 11 accident, you knew it ~ there in that location before 11 A Yeah, the swamp area where all these pictures 12 Cody's accident? 12 were taken. That's where they were Instructed to play. 13 A Yeab. 13 Q They were instructed to play there? 14 Q Was that just from having seen it while you 14 A They were told that's where they could play. 15 were back there mowing? 15 They canlt play in the street. The swamp area back here is 16 A Yes. 16 where they can play. 17 Q Did you take note of it for any other reason? 17 Q Now, let's take that two steps at a time. Who 18 A I seen it In the wintertime back tbere. When 18 told them that that's whe~ they were supposed to play? 19 itls summertime, no one mows there and you canlt see it. 19 A Park management. 20 Q Okay. At any time before Cody's accident did 20 Q How was that communicated to you or the 21 you ever ask anyone associated with the park to have that 21 children? 22 manhole cover be flush with the ground? 22 A By letters. 23 A No. 23 Q Is that the same letter. your wife was talking 24 Q Are you aware of anyone else having asked that 24 about earlier? 25 the park owners or management make that raised manhole cover 25 A Probably one of them. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 4 , l ~ I , I JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 18 20 1 C-Odyts behavior in school? 1 have. Thank you. 2 A I couldn't tell you. 2 (The deposition was concluded at 12:58 p.m.) 3 MR. DALY: Okay. Those are all the questions 3 4 I have. 4 5 MR. LANTIERI: I have a few questions. 5 6 6 7 CROSS-EXAMINATION 7 8 8 9 BY MR. LANTlERI: 9 10 Q The raised manhole cover, you said you saw 10 11 it. When was the first time you saw it, was it in '93, the 11 12 year you moved in? 12 13 A Yeah, I saw it in '93. 13 14 Q Was there any change to it from the time you 14 15 moved in up until the present time? 15 16 A No. 16 17 Q Have you been mowing the area behind your 17 18 hDuse and your neighbors' houses since that spring of 1993 18 19 when you moved in? 19 20 A I didn't start mowing one of either side until 20 21 tile people that moved out he used to mow his. Looking at 21 22 tile creek to the left, he,used to mow his. II he didn't mow 22 23 it, he missed it, I would mow It. The people to the right 23 24 of us, they moved out in 194 I believe. He used to take 24 25 Clue of his until they 'moved out. The other people that 25 19 21 1 moved in, they stopped. So that's when I took over. 1 STATE OF PENNSYLVANIA : 2 Probably in '94 I took over doing everything. : ss 3 Q Did you ever tell your children not to play 2 COUNTY OF YORK : 4 behind the Erb's house? 3 5 A No. 4 I, Lisa A. Hansell, a Reporter Notary~Public, 5 authorized to administer oaths within and for the 6 Q Did you go to the counseling with Chris Gipe? 6 Connnonwealth of Pennsylvania and take depositions in the 7 A Yes, I did. 7 trial of causeS, do hereby cerpfY that the foregoing is the 8 Q Do you recall what started that? 8 testimony of JAMES W. JACKSON. 9 A A lot of arguing_ 9 I further certity that before the taking of 10 Q In your household? 10 said deposition, the witness was duly sworn; that the 11 A Yes. Itwasfamilycounsellng. Everybody II questions and answers were taken down stenographically by 12 w~nt, all five of us. 12 the said reporter, Lisa A. Hansell, a Reporter 13 Q Did that arguing have anything to do with 13 Notary~Public, approved and agreed to, and afterwards 14 reduced to typewriting under the direction of the said 14 COdy's behavior or was it just a family thing? 15 Reporter. 15 A It was a family thing at first, but then 16 I further certify that the proceedings and 16 tbings had happened that all was worked Into the family 17 evidence contained fully and accurately in the notes by me 17 meetings and was talked about. If anything came up new, we 18 on the within deposition, and that this copy is a correct 18 talked about It. So tbe accident would have been something 19 transcript of the same, 19 n~W. 20 In testimony whereof, I have hereunto 20 Q And what was your recollection about when the 21 subscribed my hand this 14th day of March, 2001. 21 C(lunseling with Chris Gipe came to an end? 22 23 22 A I don1t remember. Lisa A. Hansell, Reporter 23 Q It was sometime after the sledding accident? 24 Notary Public 24 A Yeah. We seen him for over a year. 25 My connnission expires: 25 MR. LANTIERI: All right. Those are all I May 20, 2004 GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 6 y~7~ .... ,t I i " " ~ ;1 I " , , ,1 1 , .~ , , , __I - '. "'""-'..,~. JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP , 10 12 I I knew which manhole cover he bit. But Cody, Kyle, Anthony, 1 become flush with the ground like the one behind your house? 2 they let me know. 2 A No. 3 Q Are there other manhole covers behind the 3 Q To your knowledge, did you or anyone else ever 4 homes cm Mockingbird Drive? 4 complain to the park management that this manhole cover was 5 A Yeah. There's one down between my house and 5 raised and perhaps posed a tripping hazard of some sort? 6 the neitbbor's bouse. 6 A No. , 7 Q And what neighbor are you referring to? 7 Q Before Cody had his accident, did you, S A Bonnie. 8 yourself, think or consider that this manhole cover posed , 9 Q The one that we talked about already? 9 any particular danger? 10 MRS. JACKSON: Yes. 10 A No. 11 BYMR.DALY, 11 Q Has the manhole, the raised manhole cover on 12 Q Mrs. Bonnie, Hey You. 12 which Cody was injured, been changed or altered in any way 13 A They just moved in so... 13 since Cody's accident? Has anybody made it flush with the 14 Q Okay. Who was their predecessor, who used to 14 ground, for example? 15 livethete? 15 A No. 16 A Mike. I don't know his - we didn't like 16 Q Has anyone requested that it be made flush 17 them. 17 with the ground? IS Q Okay. Anyhow, the manhole that is between 18 A No. 19 your house and what is now Bonnie's trailer house, is that a 19 Q At least not to your knowledge? 20 raised one? 20 A Not to my knowledge. I didn't I don't know 21 A No. It's flush with the ground, grass Is 21 if my lawyers prior to that did or not. They said don't 22 around It. 22 mess - don~t talk to them, they'll handle it. 23 Q Was it in that condition when you moved in? 23 Q Right, right. How about your neighbors, 24 A Yes. 24 though? Do you know of any neighbors that have asked that 25 Q The area that you would mow, that roughly acre 25 it be changed? 11 13 I area, would it include the area where that manhole cover is 1 A No. 2 located? 2 Q What was your understanding ofwhere the kids 3 A Yes. 3 were supposed to play at the time of Cody's accident, was 4 Q Did you ever see anybody go back to the 4 there anyone area they were supposed to play in or to 5 manhOle covers behind the houses? 5 avoid, did you have any understanding of that? 6 A No. 6 A When it snowed, they sUd down behind the 7 Q Do any work there? 7 hill, beblnd all the houses, behind our bouses. S A Never. 8 Q Was there any park rule, though, as to where 9 Q You testified that you knew that the other 9 they were supposed to play that you were aware of at the 10 manhQle cover, the raised one that was involved in Cody's 10 time of Cody's accident? 11 accident, you knew it was there in that location before 11 A Yeab, the swamp area where all these pictures 12 Cody'rt accident? 12 were taken. That's where they were Instructed to play. 13 A Yeah. 13 Q They were instructed to play there? 14 Q Was that just from having seen it while you 14 A They were told that's wbere they could play. 15 were back there mowing? 15 They canlt play In the street. The swamp area back here is 16 A Yes. 16 where they can play. 17 Q Did you take note of it for any other reason? 17 Q Now, let's take that two steps at a time. Who 18 A I seen it in the wintertime back there. When 18 told them that that's where they were supposed to play? 19 it's summertime, no one mows there and you can't see it. 19 A Park management. 20 Q Okay. At any time before Cody's accident did 20 Q How was that communicated to you or the 21 you eYer ask anyone associated with the park to have that 21 children? 22 manhole cover be flush with the ground? 22 A By letters. , 23 A No. 23 Q Is that the same letter' your wife was talking 24 Q Are you aware of anyone else having asked that 24 about earlier? 25 the park owners or management make that raised manhole cover 25 A Probably one of tbem., GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 4 - ~',~ -""" -.' '" , ~ JACKSON, KYLE 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 1 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 4 CODY JACKSON, A MINOR, BY AND THROUGH: HIS PARENTS AND NATURAL GUARDIANS, 5 JAMES AND CAROLYN JACKSON, PLAINTIFF 6 ,. VS. NO. 2000-798 7 i i: .. 8 HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN AND BRADLEY C. LEISURE T/D/B/A VILLAGE ASSOCIATES, A PARTNERSHIP, T/D/B/A HAMPDEN VILLAGE MOBILE HOME PARK, 9 I' u 10 1; 11 12 13 14 15 16 DEFENDANTS DEPOSITION OF: KYLE L. JACKSON 1 : ~ 17 ~ ..' 18 19 BEFORE: DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY LISA A. HANSELL, REPORTER NOTARY PUBLIC 'i TAKEN BY: " . 20 il ~ i i~ i ii " i! q I I I II I I i' il~ DATE: FEBRUARY 19, 2001, 10:56 A.M. 21 PLACE: ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 22 23 24 25 . GEIGER & LORIA REPORTING SERVICE .1.800.222-4577 '''"~ ..- """"... F j JACKSON, KYLE 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 10 12 1 A Yeah, Mrs. Erb told me. 1 Q All right. Did somebody eventually get in 2 Q What did she tell you? 2 touch with either your mother or your father? 3 A She said that he slid dowD the hill and just 3 A No. My mom came home later that day. 4 hit his face on the manhole cover. 4 Q All right. What time did your mom come home? 5 Q After you learned that that's how Cody got 5 A It was still daylight I can't give you an 6 hurt, did you go down at any time that day to look at the 6 actual time. 7 manhole cover? 7 Q Did your mom work at that time? 8 A No. 8 A Yes, I think so. 9 Q Do you know if anybody did? 9 Q The time that she came home on the date oCthe 10 A I don't tblnk so. 10 accident, was that a time that she typically came home II Q At any time while you were out there where II during the day? 12 Cody and Matt were sledding could you see the manhole cover? 12 A No. 13 A Yeah.; 13 Q All right. Do you know of any reason why your 14 Q Had you ever sledded at any time on that hill 14 mom came home at that particular time, for example, did 15 in the same area? 15 somebody get a hold of her and let her know what had 16 A Yeab. 16 happened? 17 Q Did you sled in that same area on that hill 17 A No. She just came home regular, 18 before the day that Cody got hurt? 18 Q When your mom came home, were you still at the 19 A No. 19 Erb house with Cody or had you gone back to your own house? ' 20 Q How about afte~ds, you sledded afterwards 20 A No. I stayed there. 21 then? 21 Q At the Erb house? 22 A No.' 22 A Yes. 23 Q When did you sled there? 23 Q How did your mom know to go to the Erb house? 24 A It was awhile before. 24 A She was looking around and she didn't know so 25 Q When you were younger? 25 she just came down because she is good friends with Lynn so 11 13 1 A Yeah. 1 she talked to her. 2 Q Okay. Did you ever get hurt on any manhole 2 Q Then what happened once your mom got there? 3 cover in your trailer home area? 3 A She saw what happened to Cody, and then she 4 A No. 4 got a hold of my dad, and my mom took Cody to the hospital. 5 Q Do you know if any other kids ever got hurt on 5 Q By the time your mom left to go to the 6 a manhole cover in that area? 6 hospital, was it daylight out or had it gotten dark? 7 A No. 7 A There wasn't a lot of dayUght 8 Q What's the niune of the development you live 8 Q About how long after Cody was hurt did your 9 in? 9 mom get there to take him to the hospital? 10 A Hampden ViUage. 10 A It wasn't that long. 11 Q Is there a Hampden Village I and a Hampden 11 Q The area where Cody was sledding and got 12 Village II? 12 injured, had anyone to your knowledge ever told Cody not to 13 A No. 13 play in that area? 14 Q Just I? 14 A No. 15 A Yeah. 15 Q Had anyone ever told you not to play in that 16 Q Have you ever heard of any kids getting hurt 16 area? 17 on manhole covers anywhere within Hampden Village? 17 A No. 18 A No. 18 Q Was there anyplace within Hampden Village that 19 . Q So you're at Mrs. Erb's house. What did you 19 was set aside or dedicated as a place for kids to play? 20 do then after you saw that Cody bad been hurt? 20 A Well, there is this one across a foot bridge 21 A Well, I was trying to help Mrs. Erb find out 21 that goes down and there's a creek over there and there's 22 where my dad worked. I knew where be worked, but there was 22 like a basketball tourt, a little plate. 23 two different things and I didn't know wbich one it was, and 23 Q Okay. Were there any rules set in Hiunpden 24 we were all confused and we couldn't figure out the name of 24 Village as to where ,kids were supposed to playas far as you 25 that 25 knew? GEIGER & LORIA REPORTING SERVICE. 1.800.222-4577 4 ~!liI~jlLila~[1Mkiil'~~llttl ""'~~)j~W"*,;j~,;>~liitJi.P'~" ~. ., ",- ~~- . .....,_... " (") ~,~~ l';:'-~ rhr; : ;;:,;:-r,] ~~E~; :f:c) >;~] 2: -., -< ""'ill , . r,:) \-,;; o -" "-:it ,,\;It .".c :"-.') \~ l- !3 ITl i'-'" 2,~ '''''-' (jen -,.<1 J> ::0 -< -1'.J ::>:: ,',,) ....j /!;l! , " PR.AECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ( Check one) (X) ( ) for JURY trial at the next term of civil court for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) () Assumpsit IiX' ) Trespass () Trespass (Motor V ehide) () Other CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES AND CAROLYN JACKSON, Plaintiffs The trial list will be called on August 13, 2002. Trials commence on September 9, 2002. v. Pre-trials will beheld on August 21, 2002 (Briefs are due 5 days before pre-trials.) RVG MANAGEMENT & DEVELOP- MENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOC., a partnership, t/d/b/a HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, Defendants (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) NO. 2000-798 CIVIL ACTION - LAW Indicate the attorney who will try case for the party who files this praecipe: James DeCinti, Esquire Indicate trial counsel for other parties if known: Paul F. Lantieri, Counsel for RVG Management and Village Associates Charles James Daly, Counsel for Hampden Township and Hampden Township Sewer Authority This case is ready for trial. Signed: \..~ \j)( Print Name: James DeCinti Attomey for Plaintiffs Date: d?J1/ot..--- "~ !~ ';~ ~ CERTIFICATE OF SERVICE I, Shirley Corman, an employee of the law firm of Angino & Rovner, P .C., do hereby certify that I am this day serving a true and correct copy of the foregoing PRAECIPE LISTING CASE FOR TRIAL upon all counsel of record via postage prepaid first class United States mail addressed as follows: Charles 1. Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY 1500 Market Street, Suite 1550 Philadelphia, PA 19102 Counsel for Hampden Township and Hampden Township Sewer Authority Paul F. Lantieri, Esquire BENNETT, BRICKLIN & SALTZBURG, L.L.P. 100 South Queen Street, 3rd Floor Lancaster, P A 17603 Counsel for RVG Management and Village Associates ,II .~ / ~ _____ .~ ~y Corman Dated: SJ:JI/O~ '.b~", ~',~, U1---'- , ~~ -'" iliiiji-' " ~.-. !!lOn, ",'~_, , ," " ," ,~' "-' -'" .. " , . 0 CJ 0 <;;:; j',) '''1 I :':~.::. ,- -0 IT! ~;; ]J !i-I cr Z --Tn: Z (". I :y C', , G::" ') (~, ~, ! -' r'-- ^T; 3~ --0 ::n l _, ~"<"> ~~,~; C) :z':' C: ':Y s~rT1 ,)> C Z ,:J "j:;:.. _J ~ -< -...I -<. "-.!; It-,' . \ CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 2000-798 RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants JURY TRIAL DEMANDED ORIGINAL PLAINTIFFS' RESPONSE IN OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS RVG MANAGEMENT & DEVELOPMENT CO.. ET AL. AND NOW, come Plaintiffs by and through their counsel, Angino & Rovner, P.C. to respond in opposition to the Motion for Sununary Judgment filed by Defendants RVG Management & Development Co., et aI., and in support of their opposition, Plaintiffs' aver as follows: 1. Admitted. 2. Admitted generally. By way of further response, Plaintiffs' Complaint, being in writing, speaks for itself, and is incorporated in its entirety. 3. Admitted. By way of further response attached hereto as Exhibit A is the Answer and New Matter of the RVG Defendants, which unequivocally admits Paragraph 4 and admits the salient portions of Paragraph 6 and 7 of Plaintiffs , Complaint. 4. Denied as stated. Paragraph 28 of Plaintiffs' Complaint alleges that the manhole cover in question and the attendant sewer lines were owned by either or both Hampden 247114.1\JDIBSB 1 II \'=' ---J Township Sewer Authority and Hampden Township. By way of further response, Defendants Hampden Township and Hampden Township Sewer Authority admitted that the sewer lines were owned by the Hampden Township Sewer Authority and leased to Hampden Township which in turn operated the sewer line. See, the Answer and New Matter of the Hampden Township Defendants attached hereto as Exhibit B. Responding further, testimony and documentation have also established that the manhole covers and the attendant sewer lines run through and are surrounded by the property of the RVG Management Defendants. 5. Admitted. 6. Admitted in part and denied as stated in part. It is admitted that the property where the manhole at issue in this case is located is not leased by Village Associates to any of the tenants of the Mobile Home Park. The property is owned, possessed, and under the control of the RVG and Village Associate Defendants. See, Paragraphs 6 and 7 to the Answer and New Matter of Defendants RVG, et a!., attached hereto as Exhibit A. Responding further, RVG Management & Development Company "maintains" the property where the manhole is situated. rd. The property where the manhole cover is located is considered to be a common area of the park because either Village Associates and/or RVG Management & Development Company personnel told residents of the park that they were permitted to use that area for recreational and other activities. See, deposition transcript of James Jackson, filed of record, and relevant portions attached hereto as Exhibit C, specifically pp. 7-8; See, deposition transcript of Carolyn Jackson, filed of record, and relevant portions attached hereto as Exhibit D, specifically pp. 59- 60; and see, deposition transcript of Lynn Erb, filed or record and relevant portions attached hereto as Exhibit E, specifically pp. 45-46. 247114.1IJDIBSB 2 - 7. Admitted generally but responding further, Plaintiffs' Complaint, being in writing, speaks for itself and is incorporated herein as if as set forth at length, specifically, with regard to the allegations of negligence of all of the Defendants. 8. Denied as stated. By virtue of the lease agreement with the tenants of Hampden Village Mobile Home Park, children are not permitted to play in the streets of that park. As a point of fact, in 1996, the RVG Defendants (Village Associates) filed a lawsuit in this Honorable Court, No. 96-3489 Civil, seeking to evict Plaintiffs from Hampden Village because it was alleged that their children were playing in the streets of Hampden Village. See, deposition transcript of Robert V. Gothier, Jr., filed of record and relevant portions attached hereto as Exhibit F, specifically pp. 35-36. The Defendants in the instant case were unsuccessful in their attempts to evict Plaintiffs. See, Order of Judge Hess dated March 4, 1998, attached hereto as Exhibit G. Judge Hess was affirmed on appeal by the Superior Court, No. 444 HBG 1998. See, Exhibit H. 9. Admitted in part; denied as stated in part. Plaintiffs accept the assumption made by Defendants in this paragraph that Cody Jackson is an invitee and further accept that the RVG Defendants and Village Associates were the possessors of this property. As such, Plaintiffs will admit those portions ofthis averment. 10. It is admitted only that Defendant has, in this paragraph, recited Section 343 of the Restatement (Second) of Torts and two cases that purportedly adopt that Section of the Restatement. By way of further response, Section 339 of the Restatement (Second) of Torts has also been adopted by the Supreme Court of Pennsylvania in the case of Jesko v. Turk, 421 Pa. 434,219 A.2d 591 (1966) as well as Felger v. DuOuesne Light Co., 441 Pa. 421, 273 A.2d 783 (1971). See, also, Restatement (Second) of Torts, 9343B. Section 339 of the Restatement is 247114.1\JDIBSB 3 entitled, "Artificial Conditions Highly Dangerous to Trespassing Children" and Section 343B is entitled, "Child Licensee and Invitees." 11. Denied. It is specifically denied that a manhole raised six inches and sitting at the bottom of a hill behind the homes occupied by children does not constitute a dangerous condition. It is further denied that Plaintiffs cannot meet the condition of subpart (b) of Section 343 of the Restatement (Second) of Torts, assuming that Section applies. First of all, the knowledge of Cody's parents, James and Carolyn Jackson, is irrelevant to the knowledge of Cody on the day of the accident. It also must be remembered that Cody Jackson at the time of this accident was only seven years old, seven (7) years, eight (8) months to be exact. In Kuhns v. Brugger, 390 Pa. 331, 135 A.2d 395 (1957), the Pennsylvania Supreme Court established a scheme to deal with the negligence of minors. In Kuhns. it was established that minors under the age of seven are conclusively presumed to be incapable of negligence, while minors between the ages of seven and fourteen are presumed incapable of negligence but that presumption is rebuttable and grows weaker with each year until the fourteenth year is reached. Cody is seven years old. Defendants have cited Section 343 ofthe Restatement (Second) of Torts. Comment a. to that Section states: "This section should be read together with Section 343A." Section 343A is entitled, "Known or Obvious Dangers." Comment a. indicates that the word "'known' denotes not only knowledge of the existence of the condition or activity itself but also an appreciation of the danger it involves." (Emphasis supplied.) The note goes onto state "thus the condition or activity must not only be known to exist. but it must also be recognized that it is dangerous." (Emphasis supplied.) The note goes onto define "obvious" as meaning "that both the condition and the risk are apparent to and would be recognized bv a reasonable man in a position of the visitor exercising ordinary perception, intelligence and judgment." (Emphasis supplied.) 247114.1 IJDIBSB 4 I Ii Subsection (b) of Section 343, on which Defendants seek sununary judgment must be viewed from the vantage point of a seven year old boy. Thus, Defendants are arguing that Cody Jackson, age seven, should have recognized the danger of sledding down a hill with a six inch exposed manhole at the bottom of that hill. See, also Section 339 as well as Section 343B of the Restatement (Second) of Torts. 12. Denied as stated for the same reasons as expressed in Paragraph 11 above. 13. Denied as irrelevant. The relevant inquiry as to knowledge goes only to Cody Jackson, age seven. 14. Denied as irrelevant. The relevant inquiry as to knowledge goes only to Cody Jackson, age seven. 15. Denied as irrelevant. The relevant inquiry as to knowledge goes only to Cody Jackson, age seven. 16. Denied as a conclusion of law. The knowledge of Mr. and Mrs. Jackson cannot operate to vitiate the duty Defendants owe to minor Plaintiff Codv Jackson, age seven. It is specifically denied that Cody Jackson's age has no bearing on this analysis. On the contrary, as discussed above, Defendants are relying on Subsection (b) of Section 343 of the Restatement (Second) of Torts. That Subsection has to be viewed from the eyes of seven year old Cody Jackson. Viewing subsection (b) from the eyes of a seven year old and applying that analysis to this case reveals that the possessor of this land, Defendant RVG, is subject to liability for harm caused to invitees (and licensees and trespassing children), ifRVG should expect that seven year old Cody Jackson would not discover or realize the danger, or will fail to protect himself against it. In fact, Defendant RVG should not expect Cody Jackson or any other seven year old to recognize that danger. The law of this Commonwealth does not place that type of a burden on a 247114.l\JDIBSB 5 seven year old child. The knowledge of his parents or even his older brother cannot be imputed to minor Plaintiff Cody Jackson. Defendants had a duty to Plaintiff Cody Jackson. WHEREFORE, Plaintiffs respectfully request that this Honorable Court deny the Motion for Summary Judgment filed by RVG Management & Development Co., et al. Respectfully submitted, Date: (pf" 0 1--- ANGINO & ROVNER, P.C. \hnc James DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Attorney for Plaintiffs 247114.1IJDIBSB 6 " '~ " ~' ~ "~- - 0_'1> , ,;. y BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire 1.0. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONAlD M KAlZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, Vd/bIa lJatnjxIffi Village Mobi1e Home Park, HAMPDENlOWNSHIP : and HAMPDEN TOWNSHIP SEWER AUTHORITY ~ Please take notice that PlaintiffslDefendants have twenty (20) days within which to file a responsive pleading to Defendants' New Matter and New Matter Pursuant to Pa. R.C.P. 2252( d). PAUL F. LANTIERI, ESQUIRE ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gotbier, Sr., Jack R. Leisure, Ronald M Katzman and Bradley C. Leisure, t/d/bIa Village Associates, a partnership, Vd/bIaHampdm Village Mobile Home Pmk COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 2000-798 ANSWER OF DEFENDANTS RVG MANAGEMENT & DEVELOPMENT COMPANY, ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE, t/d/b/a VILLAGE ASSOCIATES, tlbldla HAMPDEN VILLAGE MOBILE HOME PARK TO COMPLAINT WITH NEW MATTER AND NEW MATTER UNDER Pa. RC.P. 2252(d) 1,2. Admitted in part and denied in part. Plaintiffs' residence is admitted. With regard to the remaining averments, answering defendants are without knowledge or information sufficient to form a belief as to the truth of same and if relevant, proof thereof is demanded. 3, 4, Admitted. - - - ~' "" ,',- 5. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs, and if relevant, proof thereof is demanded. 6,7. Admitted in part and denied in part. It is admitted that RVG Management & Development Company manages Hampden Village Mobile Home Park for the Village Associates defendants. It further is admitted only that RVG Management & Development Company maintains the property under the ownership, possession and control of the Village Associates defendants. By way of further response, the sewer line which is believed to be at issue in this lawsuit is not owned, possessed or controlled by Village Associates defendants or RVG. 8. Admittedwith the qualification that plaintiffs' rental ofa lot is subject to the terms of a lease. 9. Denied as stated. Answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and if relevant, proof thereofis demanded. It is admitted, however, that plaintiffs, James and Carolyn Jackson have been parties to a lease since February 1, 1993. 10. Denied as stated. The lawsuit filed by Village Associates, being in writing, speaks for itself and moreover, the averments of this paragraph are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure. 11. Denied as stated. It is admitted that under the terms of the lease agreement, children were not permitted to play in certain areas of Hampden Village and were permitted to play in certain other areas. The lease and the documents incorporated in the lease, being writings, speak for themselves. 2 ;"'".._.~. ,,-,--- " "1: 12-20, inclusive. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proof thereof is demanded. COUNT I 21. The corresponding answers to these paragraphs are incorporated by reference and made part hereof as though same were set forth at length. 22,23. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proof thereof is demanded. By way of more specific answer, it is denied that answering defendants owned, possessed or controlled any dangerous condition which, it is alleged, caused or contributed to the minor plaintiffs injuries. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor. COUNT II 24. The corresponding answers to these paragraphs are incorporated by reference and made part hereof as though sarne were set forth at length. 25, 26. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and ifrelevant, proof thereof is demanded. By way of more specific answer, it is denied that answering defendants owned, possessed or controlled any dangerous condition which, it is alleged, caused or contributed to the minor plaintiff's injuries. 3 -- ~~~~~- - ,'- I. ~ "' '~ WHEREFORE, defendants R VG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor. COUNT III 27. The corresponding answers to these paragraphs are incorporated by reference and made part hereof as though same were set forth at length. 28,29. The averments of these paragraphs constitute legal conclusions to which no responses are required. 30-33, inclusive. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure and if relevant, proof thereof is demanded. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor. NEW MATTER 34. Plaintiffs' claims are barred or reduced pursuant to the provisions of the Pennsylvania Comparative Negligence Act. 35. Plaintiffs' claims are barred or reduced to the extent evidence discloses that plaintiffs failed to properly mitigate their damages. 4 U..'~(~ .., "~ I " '';L 36. The raised manhole cover which is alleged to have been the instrumentality which caused the minor plaintiffs injuries was not owned, possessed or controlled by answering defendants, nor did answering defendants have the right to exercise any control at times material hereto. 37. Plaintiffs' claims against answering defendants are reduced to the extent of payment made by Fireman's Fund Insurance Company on behalf of answering defendants, for certain medical expenses incurred by or on behalf of the minor plaintiff. 38. At all times material hereto, the minor plaintiff, Cody Jackson, was in the care, custody and control of his parents, James and Carolyn Jackson, or either of them. 39. Plaintiffs' rights and answering defendants' obligations are determined, in whole or in part, pursuant to the provisions of the lease agreement entered into by plaintiffs, James and Carolyn Jackson on or about February 1, 1993. Attached hereto as Exhibit "A" is a true and correct copy of the lease entered into by plaintiffs, along with the Hampden Village Mobile Home Park Rules and Regulations which are incorporated by said lease. 40. Pursuant to said lease, answering defendants are not responsible for any damage, injury or loss by accident to plaintiffs herein. 41. Moreover, under said lease, play areas are provided in certain designated areas for use by lessees at their own risk. 42. The area where the minor plaintiffs accident is alleged to have occurred was not an area designated for playing. WHEREFORE, defendants R VG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor. 5 - It>' . , NEW MATTER UNDER Pa. R.C.P. 2252(d) COUNT I Crossclaim, against defendants Hampden Township and Hampden Township Sewer Authority 43. If the averments of plaintiffs , Complaint are established at trial, aliliability on the part of answering defendants being expressly denied, it is averred that one or both of the co-defendants solely are liable to plaintiffs, but ifliability is imposed upon answering defendants, itjs averred that one or both of the co-defendants are liable over to answering defendants on the causes of action declared upon by plaintiffs, or jointly or severely liable thereon. WHEREFORE, defendantsRVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/aHampden Village Mobile Home Park respectfully request that judgment be entered in their favor, but if liability is imposed upon them, it is requested that judgment be entered against the co-defendants or either ofthem, for contribution or indenmity. COUNT II Crossclaim against James and Carolyn Jackson 44. Upon information and belief, it is averred that at all tinles material hereto, Cody Jackson was in the care, custody and control of James and Carolyn Jackson, or either of them, and in addition, pursuant to the lease signed by plaintiffs, Exhibit "A" herein, the adult plaintiffs herein assumed responsibility for the conduct of, and any injury caused by their children. 45. If the averments of plaintiffs' Complaint are established at trial, all liability on the part of answering defendants being expressly denied, it is averred that the accident described in the Complaint was caused, in whole or in part, by the carelessness and negligence of James and Carolyn Jackson, or either of them, in their supervision oftheir minor child, Cody Jackson, at the time and place where the accident is alleged to have occurred. 6 - 46. Accordingly, if the averments of plaintiffs' Complaint are established at trial, all liability on the part of answering defendants being expressly denied, it is averred that James and Carolyn Jackson, or either of them, solely are liable to the minor plaintiff, Cody Jackson, but if liability is imposed upon answering defendants, it is averred that James and Carolyn Jackson, or either of them, are liable over to answering defendants on the causes of action declared upon by plaintiffs, or jointly or severely liable thereon. WHEREFORE, defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/a Hampden Village Mobile Home Park respectfully request that judgment be entered in their favor, but if liability is imposed upon them, it is requested that judgment for contribution or indemnity be entered against James and Carolyn Jackson, or either ofthem. BENNETT, BRICKLIN & SALTZBURG LLP BY: PAUL F. LANTIERl, ESQUIRE Attorney for Defendants Is/ 7 ,.,_.. -~~ ""'I VERIFICA TION I, Robert Gothier, Jr., verify that I am the V,'(oI rrn1,,;f4 ofRVG Management & Development Company, a defendant in this action, that I am authorized to make this verification to the foregoing Answer of Defendants RVG Management & Development Company, Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman and Bradley C. Leisure, t/d/b/a Village Associates, t/b/d/a Hampden Village Mobile Home Park to Complaint with New Matter and New Matter under Pa. R.c.P. 2252( d) on behalf of all of the above-named defendants, and that the facts set forth therein are true and correct to the best of my recollection, knowledge, information and belief. I further state that I am signing this verification on the recommendation of my attorney who has advised that the language in the foregoing document is required legally to raise issues for resolution by the Court at triaL Further, I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorney on his advice. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Dated: :i/~/ 00 '~T-n' .~. "~ LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: Charles J. Daly, Esquire Attorney I.D. No.: 28200 Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 CODY JACKSON, a minor, by and through his ) parents and natural guardians, JAMES and ) CAROLYN JACKSON, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a HAMPDEN VILLAGE MOBILE HOME PARK, Defendants. ~u ATTORNEY FOR Defendant HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2000-798 ANSWER OF DEFENDANT HAMPDEN TOWNSmp AND HAMPDEN TOWNSHIP SEWER AUTHORITY TO COMPLAINT OF PLAINTIFFS WlTH NEW MATTER AND NEW MATTER PURSUANT TO PA R.C.P. 2252d 1. Denied. After reasonable investigation, answering defendants are without knowledge or ii'1formation sllJ.4icient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proofthereofis demanded at the time of trial. 2. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 3. The allegations contained in this paragraph are directed to a party other than answering defendants. " .~ L ~_ 2000-798 4. The allegations contained in this paragraph are directed to a party other than answering defendants. S. Admitted. 6. The allegations contained in this paragraph are directed to a party ctl1er than answering defendants. 7. The allegations contained in this paragraph are directed to a party other than answering defendants. 8. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the. truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 9. Denied. After reasonable investigation, answering defendants are without knowledge <r information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. I!. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. -2- ~~ ,"",'~,~, 2000-798 14. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to fonn a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 16. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 17. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 18. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 19. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 20. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. COUNT I PLAINTIFFS v. ROBERT V. GOTHIER. SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE. tJd!b/a VILLAGE ASSOCIATES, a partnership, tJd/b/a HAMPDEN VILLAGE MOBILE HOME PARK 21. Answering defendant incorporates by reference its answers to paragraphs 1 through 20 of the Complaint of plaintiffs as though the same was set forth at length herein. - 3- - - ,~ -"': 2000-798 22. The allegations contained in this paragraph are directed to a party other than answering defendants. 23. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. COUNT II PLAINTIFFS v. RVG MANAGEMENT AND DEVELOPMENT COMPANY 24. Answering defendant incorporates by reference its answers to paragraphs I through 23 of the Complaint of plaintiffs as though the same was set forth at length herein. 25. The allegations contained in this paragraph are directed to a party other than answering defendants. 26. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. COUNT ill PLAINTIFFS v. HAMPDEN TOWNsmp AND HAMPDEN TOWNSmp SEWER AUTHORITY 27. Answering defendant incorporates by reference its answers to paragraphs 1 through 26 of the Complaint of plaintiffs as though the same was set forth at length herein. 28. Admitted in part and denied in part. It is admitted that the manhole cover in question and attending sewer lines are owned by the Hampden Township Sewer Authority and leased to defendant, Hanlpden Township and operated by defendant, Hampden Township. 29. Admitted. 30. Denied. Answering defendant specifically denies any and all allegations of negligence. The answering defendant further specifically denies that the manhole cover in question constituted a "dangerous" condition. Therefore, there was no need to inspect or eliminate any alleged dangerous condition or to Wanl plaintiffs of any alleged dangerous condition. Answering defendant further - 4- "'~ " ~ I , L ,L'':~ '~ _ 2000-798 specifically denies that it knew or should have known that the manhole cover posed a danger of bodily harm like the harm suffered by the minor plaintiff. Lastly, the manhole cover at issue was constructed and maintained in accordance with industry standards and applicable regulations. 31. Denied. It is specifically denied that the manhole cover constituted a "dangerous" condition or that it posed a reasonably foreseeable risk of injury to the plaintiff. 32. Denied. Answering defendant specifically denies that it had actual notice of the existence of any dangerous condition prior to the incident in question. Answering defendant further specifically denies that there existed a dangerous condition at any time prior to the incident in question. 33. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. WHEREFORE, defendant Hanlpden Township and Hampden Township Sewer Authority demand that judgment be entered in their favor and against plaintiffs plus costs and expenses of suit. NEW MATTER 34. Any recovery in this action is limited or barred under the provisions of the Pennsylvania Comparative Negligence Act. 35. The negligence of the plaintiffs was a substantial factor in bringing about the accident and injury alleged and this negligence operates to bar or limit the damages asserted. 36. The plaintiffs had notice and knowledge of the conditions alleged to have caused the accident and did! knowingly and willfully, encounter these conditions and did assume any risk of injury that could arise. The claim of plaintiffs is barred by the assumption of risk. 37. The answering defendants did not maintain or control the area alleged to be defective and had no duty to the plaintiffs. 38. The plaintiffs failed to take reasonable measures to cure the injury or prevent further injury or loss from taking place, and did fail to mitigate the damages asserted. - 5- ~- ~~~ , ~"""""'~",' 2000-798 39. The answering defendants are entitled to governmental immunity pursuant to 42 Pa.C.S.A. 8541, and no exception to this immunity has been pleaded by the plaintiffi. 40. The damages asserted by plaintiffs are limited by the provisions of 42 PaC.SA 8549, and Pa.C.S.A. 8553. 41. Plaintiffs have failed to file the appropriate Notice of Defect as required under the provisions of 42 Pa.C.S.A. 5522, and this claim is barred. 42. Answering defendants cannot be obligated for pre-judgment interest pursuant to 42 PaC.S.A. 20043. 43. Plaintiffs' cause of action against answering derendants is barred by any other defense and/or affmnative defense that may become apparent during discovery or at the time of trial. 44. If plaintiffs suffered any injuries/damages as alleged, they were caused solely and primarily by the carelessness, recklessness, negligence of other third parties, who may be presently unknown to the answering defendants over whom the answering defendants had no control and no legal duty to control. WHEREFORE, defendants Hanlpden Township and Hanlpden Township Sewer Authority demand that judgment be entered in their favor and against plaintiffs plus costs and expenses of suit. CROSSCLAIM OF DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY AGAINST DEFENDANTS RVG MANAGEMENT AND ROBERT V. GOTmER, SR., JACK R. LEISURE, RONALD M. KATZMAN, and BRADLEY C. LEISURE, t/dIb/a VILLAGE ASSOCIATES, a partnership, tldIb/a HAMPDEN VILLAGE MOBILE HOME PARK PURSUANT TO fa.R.C.P. 2252(d) The Plaintiffs Complaint is incorporated without admission or adoption. In the event plaintiffs, Cody Jackson, a minor, by and through his parents and natural guardians, James and Carolyn Jackson, prevails against cross-plaintiffs, Hampden Township and Hampden Township Sewer Authority, the cross-defendants, RVG Management and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman, and Bradley C. Leisure, t/d/b/a Village Associates, A Partnership, -6- _. 2000-798 t/d/b/a Hampden Village Mobile Home Park, would be jointly or severally liable for the same cause of action and damage. The cross-defendants, RVG Management and Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman, and Bradley C. Leisure, t/d/b/a Village Associates, A Partnership, t/d/b/a Hampden Village Mobile Home Park, would be liable over to cross-plaintiffs, Hampden Township and Hampden Township Sewer Authority, for contribution or indemnification, including all costs associated with defense of the litigation and actual attorney fees. CAMPBELL, O'KEEFE, NOLAN & DALY ~-. 1.;/. / ./ I, / ~ /. I j';: /.f ,,; f , .:,:,.'/. By: _ . ///,,- l_,,: '/ .LA> t-i Charles J. Daly, Esquire Attomey for Defendant Hampden Township and Hampden Township Sewer Authority - 7 - ,~~" -- VERIFICA nON I, John E. Bradley, Jr. of Hampden Township, do hereby verify that I have read the foregoing Answer to Complaint with New Matter and state that the averments therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that ifI knowingly make false averments I may be subject to criminal penalties. ( /f12-1 ! ao Date: Jackson - 1 - CERTIFICATE OF SERVICE AND NOW, this Day of March 24, 2000, I, Charles J. Daly, Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attomeys for the Defendant, Hampden Township and Hampden Township Sewer Authority, hereby certify that I, this day, served the within Answer to Complaint of Plaintiff, by United States Mail, postage prepaid, in Philadelphia, P A, addressed to the parties or attorneys of record as follows: Attorneys for Plaintiff, Cody Jackson, a minor by and through his parents and natural guardians, James and Carolyn Jackson James DeCinti Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 Attorneys for Defendant, RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman Paul F. Lantieri Bennett, Bricklin & Saltzburg, LLP 100 South Queen Street 3rd Floor Lancaster, PA 17603-5368 CAMPBELL, O'KEEFE, NOLAN & DALY Hampden Township Sewer L:\965I IProofby Mail 03-24-ll0.doc - 1 - ~.~~ .L I" JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 1 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 4 CODY JACKSON, A MINOR, BY AND THROUGH: HIS PARENTS AND NATURAL GUARDIANS, 5 JAMES AND CAROLYN JACKSON, PLAINTIFF 6 VS" NO. 2000 -798 7 HAMPDEN TOWNSHIP AND HAMPDEN 8 TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., 9 ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN 10 AND BRADLEY C. LEISURE T/D/B/A VILLAGE ASSOCIATES, A PARTNERSHIP, 11 T/D/B/A HAMPDEN VILLAGE MOBILE HOME PARK, 12 DEFENDANTS 13 14 15 16 DEPOSITION OF: JAMES W. JACKSON 17 TAKEN BY: DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY LISA A. HANSELL, REPORTER NOTARY PUBLIC 18 19 BEFORE: 20 DATE: FEBRUARY 19, 2001, 12:40 P.M. 21 PLACE: ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 22 23 24 25 GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 JACKSON, JAMES 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 6 8 I A I go all the way to the creek. 1 the trailer park as to what you had to do and what the 2 Q Would the creek be in the generally level area 2 landlord bad to do with respect to mowing in that area? 3 below the hill? 3 MR.. DeCINTI: The area- 4 A Yeah. I go to tbebottom ofibe hill behind 4 MR.. DALY: Behind his house. 5 my house. I'll be able to go 20 yards to the creek, and as 5 MR. DeCINTI: The three that he mows? 6 you get to the trailer to the left going towards that 6 lv1R.. DALY: That's right. 7 manhole cover U gets bigger. J mow his. It's probably 7 Mll.. DeCmTI: Okay. 8 about an acre I mow. I mow all three, plus my yard and my 8 BYMR. DALY, 9 hill. 9 Q What was your understanding? 10 Q Have you ever seen any of the neighbors in the 10 A Well, I was wondering when we moved in. When II area where the manhole cover is located mow the lawn back 11 summer got here I guess tbat's when I asked are you going to 12 there? 12 mow it or am I, and that's when J was told what I was told. 13 A No. 13 Q What was it that you were told? 14 Q Have you ever seen it be mowed? 14 A If you want to play down there, mow it 15 A I'm not sure Jf it'll right there at the 15 yourself and it will be cODsidered your area. 16 manhole cover. Three houses down from us that kid he ured 16 Q Who toJd you that? 17 to mow it maybe every {mee in a great while behind his 17 A Rob Gotbier, Jr. 18 bouse, maybe a couple times a year, be might skip a year, 18 Q Was that ever put in writing to you that if 19 but nothing like I do every week. 19 you mowed that area you could consider it your own? 20 Q Have you ever seen any.representative of the 20 A No. 21 landlord go into the grassy area below the hill and mow the 21 Q To your knowledge, are there other neighbors 22 grass there? 22 who have a similar Wlderstanding with the owners, that if 23 A Just that one kid when they got the accident. 23 they mow and maintain that area they can consider it their 24 Like she saId, the park hired bim and he mowed down there. 24 own? 25 He came up to and stopped where I mow because I mow that. 25 A I have no idea. 7 9 1 He went around thert one time, and that's the only time I 1 Q You've never discussed it with them? 2 seen him doing that. 2 A No. 3 Q So you've only observed a representative of 3 Q How did you find out about Cody's accident? 4 the landlord mow in the area of the manhole cover just that 4 A Lynn called me at work. 5 one time? 5 Q What did she tell you? 6 A Ollie time. 6 A She said you better get home right now, Cody's 7 Q When did that happen in relation to Cody's 7 been In aD, accident" and I think you need to take him to the 8 accident, before or afterwards? 8 hospital. 9 A That summer after the accident. 9 Q And what did you do? 10 Q Had you or your wife ever requested of the 10 A I told work I had to go, and I left aDd went l! landlord that the landlord have the area of the hill behind l! to Lynn's bouse. Carolyn bad already gotten there and left 12 and to the creek behind your house mowed as opposed to you 12 with Cody. Tben 1 went to the hospital. 13 doing it? 13 Q After Cody's accident, did anyone ever point 14 MR. COOPER: Before or after, at any time? 14 out to you the specific manhole cover on which he was 15 MR. DALY: At any time. 15 injured? 16 A Yes. But" like she said, Irwe want to play 16 A I knew it was tbere. 17 down there, we maintain It ourselves. 17 Q But after the accident did anybody ever point 18 BY MR. DALY: 18 it out to you and say this is the one? 19 Q When did you ask the landlord to mow that 19 A Well, yeah. 20 areal was it before or after Cody's accident? 20 Q Is it the same manhole covet that is depicted 21 A Before. 21 in 1, 2 and 3 that we have, the photograph exhibits we have 22 Q Was it shortly after you moved in basically? 22 here, is that your understanding of the one it was? 23 A Yes. I knew wbat [ had to do and what I 23 A Yes, it's tbat one. 24 didn't have to do. 24 Q Who pointed it out to you? 25 Q What was your understanding upon moving into 25 A Well, when 1 was told he bit a manhole cover, GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 3 .b'..." . .1 . -. JACKSON,CAROLYN 02119/01 JACKSON VS HAMPDEN TOWNSHIP 1 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 4 CODY JACKSON, A MINOR, BY AND THROUGH: HIS PARENTS AND NATURAL GUARDIANS, 5 JAMES AND CAROLYN JACKSON, PLAINTIFF 6 VS. NO. 2000 - 798 7 HAMPDEN TOWNSHIP AND HAMPDEN 8 TOWNSHIP SEWER AUTHORITY, RVG MANAGEMENT & DEVELOPMENT CO., 9 ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN 10 AND BRADLEY C. LEISURE T/D/B/A VILLAGE ASSOCIATES, A PARTNERSHIP, 11 T/D/B/A HAMPDEN VILLAGE MOBILE HOME PARK, 12 13 14 15 16 DEFENDANTS DEPOSITION OF: CAROLYN M. JACKSON 17 TAKEN BY: DEFENDANTS HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY LISA A. HANSELL, REPORTER NOTARY PUBLIC 18 19 BEFORE: 20 DATE: FEBRUARY 19, 2001, 11:13 A.M. 21 PLACE: ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 22 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 >~ - ..I ,'-if JACKSON, CAROLYN 02/19/01 JACKSON VS HAMPDEN TOWNSHIP 58 60 I A Yeah. UDleglble, but, yeah, I guess that's 1 the creek that you have to cross the foot bridge? 2 It. 2 A Yes. 3 BY MR. LANTIERl: 3 Q And it also refers to a rear grass area? 4 Q Do you have a copy of your tease at home? 4 A I believe Iballo be the area below or tbe 5 A Yeab. 5 hill down to the creek. 6 Q This lease that's in front of you I believe is 6 Q Did anyone ever explain to you what the rear 7 dated February 1st; 1993; is that correct? 7 grass area is? 8 A Yeah. 8 A No. 9 Q Have you entered into any leases since then? 9 Q Before you get to the slope behind your home, 10 A No. 10 is there a flat area right behind your house? 11 Q So as far as you know, this is still the lease 11 :MR. COOPER: Her house? 12 under which you occupy the property? 12 MR. LANTIERl: Yos. 13 A Yes. 13 A A very small flat area. 14 Q And attached to the document that I just gave 14 BY MR. LANTIERl: 15 you is a two-page document entitled Rules & Regulations. Do 15 Q Do you maintain that? 16 you recognize that? 16 A Yeah. 17 A Yeah, vaguely, but yes. 17 Q And you mentioned your husband maintains the 18 Q Do you know when you first saw it? 18 slope behind your hOJlse as well as two other houses? 19 A When I first saw it? Probably the Orst day 19 A Yes, our neighbor to the right and our 20 we weDt in aDd spoke with Ann, the secretary that 20 neighbor to the left. 21 interviewed us for the park. 21 Q Did anyone at any time maintain the slopes 22 Q When you first moved in, sometime before 22 behind the houses that were on Lots 10, 11 and 12? 23 February of'93? 23 MR. COOPER: If you know. 24 A I believe we were already in, and sbe gave us 24 A I don't believe so. 25 these to go over. 25 BY MR. LANTIERI: 59 61 I Q If you look at Page 2 oftbat. there's a 1 Q Have you ever seen anyone maintain.- and fm 2 section entitled children in the streets. 2 talking about the general :vicinity where this manhole cover 3 A Uh-buh. 3 is. Had you ever seen anyone maintain that area prior to 4 Q It talks about play area and the front grass 4 Cody's accident? 5 area. Do you see that? 5 A No. There's a house down there, and I believe 6 A Play areas are provided in the front grass 6 it's the yellow one that's' just before the cul-de-sac. They 7 area. ? were the only ones who maintained theirs because they bave a 8 Q What was your understanding of the front grass 8 bencb down there, a bench area, a little sitting place they 9 area? 9 have down there. 10 A The area around our trailer. 10 Q Okay. Did you say that was right before the 11 Q Would that be between the street and the hill? 11 cul.de-sac? 12 A Yeah, or between the houses. 12 A Yeab. It might be Number 13. 13 Q Okay. Did you ever have an understanding 13 Q Number13? 14 whether the space that you leased extended down the slope 14 A Yeah. 15 behind your house? 15 Q Sometime ago you answered interrogatories. 16 A We were told that if we maintained the grass 16 which were questions that were addressed by Mr. Daly on 17 below tbe hill we were entitled to use it as though It were 17 bebalf of his clients, and in answer to one of them, Numbers 18 our own. 18 29 and 30. the answer states Mrs. Jackson was aware that 19 Q And when were you told that? 19 Cody had gone to his friend's house to go sledding in the 20 A When we moved. The day we sat down and talked 20 common area of the property. Is that an accurate statement? 21 with them. 21 A No. 22 Q Around the time that you moved in? 22 Q Were you ever aware that Cody had gone to that 23 A Uh-huh. 23 area near the Erb's house to play? 24 Q Now, that same paragraph talks about the 24 A No. 25 picnic area. Is that the area that you mentioned is down by 25 Q Had you ever walked in that area before this GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 16 - 0, , , . ERS, LYNN 5/11/2002 JACKSON VS RVG MANAGEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 CODY JACKSON, A MINOR, BY AND 3 THROUGH HIS PARENTS AND NATURAL GUARDIANS, JAMES AND 4 CAROLYN JACKSON, PLAINTIFFS 5 VS NO. 2000 - 7 98 6 7 RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN AND BRADLEY C. LEISURE TIDIBIA VILLAGE ASSOCIATES, A PARTNERSHIP, TIDIBIA HAMPDEN VILLAGE MOBILE HOME PARK, HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP SEWER AUTHORITY, DEFENDANTS 8 9 DEPOSITION OF: TAKEN BY: LYNN ERB DEFENDANT RVG MANAGEMENT AND VILLAGE ASSOCIATES BEFORE: j'~ DATE: PLACE: LISA M. LOOP, REPORTER NOTARY PUBLIC MAY 17, 2002, 10:00 A.M. ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA GEIGER & LORIA REPORTING SERVICE. 1-800-222-4517 ~-.,..~ ~~ ~~~I "" ~~~ " ERB, LYNN 5/17/2002 JACKSON VS RVG MANAGEMENT 42 44 1 A Karen Wells, I'm sure, Tiffany. 1 connection with that attempted eviction? 2 MR. DeCINTI: Let me interrupt Off1he 2 A Yes. 3 record. 3 Q Did you testify on behalf of the Jacksons? 4 (Discussion held off the record.) 4 A Yes. 5 BY MR. LANTIERl: 5 Q Do you have a copy of your testimony? 6 Q That was your understanding too? 6 A No. 7 A That was my understanding. 7 Q When you testified, did you testify in regular 8 Q Then Karen Wells also is a neighbor? 8 court or a district justice court? 9 A Yes. 9 A I don't know. 10 Q Did you tell her anything other than wbat we 10 Q There was a judge present when you testified? II have talked about today? II A Yes. 12 A All I told her is that he came to my house with 12 Q Can you tell me what the gist of your testimony 13 a gushing, bloody mouth. 13 was? 14 Q Have you discussed the lawsuit with anybody 14 A That the Jacksons' children were not the only 15 else? 15 children in the street. 16 A No. 16 Q So there were other children who also played in 17 Q Did you know about the lawsuit before you got 17 the street including your own? 18 the subpoena in this case? 18 A Yes. 19 A I would say no. But I knew that she was trying 19 Q Did you testify about anything else at that 20 to get RVG to pay the medical bills; so I am not sure, in 20 hearing? 21 reference to th.e lawsuit, what else I could say. 21 A Not that I can recall. 22 Q Maybe you have said enough, You knew that the 22 Q And did you only testify one time? 23 Jacksons wanted to get RVG to pay the medical bills? 23 A One time. 24 A Correct. 24 Q Have you ever seen any written complaints made 25 Q And you knew that from talking to Mrs, Jackson? 25 about any of the Jackson children? 43 45 I A Coned. 1 A No. 2 Q Other than that, did you have any other 2 Q Have you ever heard of there being written 3 discussions about any claims that the Jacksons may have? 3 complaints about the Jackson children? 4 A No. 4 A Not that I can recall. 5 Q This will be my last set of questions. Do you 5 Q Do you know if anyone complained about any 6 remember a point in time when the park ownership tried to 6 activities that either Mr. or Mrs. Jackson did before this 7 evict the Jacksons'? 1 eviction proceeding started'? 8 A Yes. 8 A Not that I am aware of. 9 Q Do you remember approximately when that was? 9 MR. LANTIERI: I think those are all the 10 A No. 10 questions I have. Thank you. 11 Q Do you know the reason for the attempted 11 12 eviction? 12 CROSS-EXAMINATION 13 A My understanding, it was for the children 13 14 playing in the street. 14 BY MR DeCINTI: 15 Q And the children being the Jackson children? 15 Q Ms. Erb, my name is Jim DeCinti, I am Cody 16 A Yes. 16 Jackson's lawyer. And I am going to ask you a few i7 Q And are you aware that people had made 17 questions. I may bounce around a little bit because Mr. i8 complaints about their children playing in the street? 18 Lantieri did a very thorough job. 19 A No. 19 But there are a few areas that I want to make 20 Q Did you ever make a complaint about their 20 sure I understand. 21 children playing in the street? 21 A Okay. 22 A No. My children were in the street. 22 Q As far as the use of the hill behind the homes, 23 Q Do you know who complained about them? 23 was it your understanding that there was any restriction on 24 A No. 24 the use of the hill by the tenants of the mobile home park? 25 Q Did you ever testi-fy at any hearing in 25 A It was my understanding that that was common 12 (Pages 42 to 45) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 ~;:. GOTHIER, ROBERT 09/05/01 JACKSON VS RVG MANAGEMENT t" 'C' 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 4 CODY JACKSON, a minor, by and through his parents and natural 5 guardians, JAMES and CAROLYN JACKSON, 6 PLAINTIFFS CIVIL ACTION - LAW NO. 2000-798 JURY TRIAL DEMANDED 7 VS. 8 RVG MANAGEMENT & DEVELOPMENT CO.,: ROBERT V. GOTHIER~ SR., JACK R. 9 LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a 10 VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden 11 Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN 12 TOWNSHIP SEWER AUTHORITY, DEFENDANTS 13 14 15 16 17 18 DEPOSITION OF: TAKEN BY: BEFORE: ROBERT VINCENT GOTHIER, JR. PLAINTIFFS KAY C. WILLIAMS, RPR, NOTARY PUBLIC 19 DATE: SEPTEMBER 5, 2001, 10:20 A.M. 20 21 PLACE: ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 22 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 .,u GOTHIER, ROBERT 09/05/01 1 what you can read, it appears to be a lease entered into 2 between the Jacksons and Hampden Village for mobile home 3 space where they lived in 1993 as of February, where they 4 lived in January of1999, and where they continue to live 5 today? 6 A It appears to look like a lease between us and 7 them. I don't know if anything has been changed, since I 8 cannot read everything in the lease. 9 Q Do you know how your counsel got the copy that 10 he gave to me and Mr. Daly? 11 A He told me that he received it from Fireman .. 12 the insurance company. 13 Q Do you know how Fireman's Fund Insurance 14 Company got a copy of this lease? 15 A No, I do not. 16 Q Sir, in your office on Front Street, in 17 Wonnleysburg, do you maintain copies ofleases? 18 A Yes, sir. 19 Q Do you maintain copies ofleases for the 20 Hampden Village Mobile Home Park? 21 A Yes, sir. 22 Q Do you have the original? 23 A Yes, sir. 24 Q Can you provide us a clean copy of the 25 original? I A Be happy to. 2 Q fm going to represent to you that's what this 3 is, it's a copy ofthal Is that fair enough, for purposes 4 of this? 5 A You can represent it. I'm not. 6 Q You don't accept my representation of that, 7 that this is a copy of the original lease that's in your 8 office? 9 A I don't know it and in CHDDot read it, I'm 10 not going to represent it. II MR. DeCINTI: OJ! the record. 12 (Discussion held off the record.) 13 MR. LANTIERI: For the following qnestions 14 concerning this document, we will proceed with the 15 presumption that this is the lease that was entered into 16 with the Jacksons in 1993. We will search for a better copy 17 of the actual lease and then will provide it. 18 BY MR. DeCINTI: 19 Q Okay. You know what, I just found something 20 that I think might help Mr. Gothier. Sir, do you recall 21 Village Associates filing a lawsuit against the Jacksons? 22 A What lawsnit? 23 Q Any lawsuit. 24 A I remember Hampden Village flling an eviction 25 procedure against the Jacksons. "~ ' -w. JACKSON VS RVG MANAGEMENT 34 36 1 Q Okay. Was that action started by a complaint? 2 A By a complaint of what? 3 Q By the filing of a complaint. similar to the 4 filing ofa complaint in this action? 5 A No. This was started by a complaint filed 6 with tbe district justice or an eviction procedure with the 7 distrid justice. S Q Did it subsequently get to the Common Pleas 9 Court of Cumberland County? lOA Yes. The Jacksons appealed the decision of 11 the district justice. 12 Q Then was a complaint filed in the Court of 13 Connnon Pleas? 14 A I believe so, yes. 15 Q Did you review that complaint before it was 16 filed? 17 A That was so long ago, sir, I don't remember. 18 Q If! show you a copy of the complaint. would 19 you be able to tell me whether you reviewed it or not? 20 A I don't know if - my legal representation of 21 that case is not here with me to remember, you know. I 22 don't want to speak on something of past. 23 Q Okay. In any event, I'm going to ask you to 24 look at the first couple pages there. (Hands) Takeyour 25 time, sir, so you feel comfortable answering. 35 37 I MR. LANTIERI: Jim, are you going to ask 2 questions on this complaint or do you want him to identify 3 the lease, which I assume is attached? 4 MR. DeCINTI: That's what I want to do. 5 MR. LANTIERI: Should we go to the lease and 6 see if it's a better copy of -- 7 MR. DeCINTI: I don't want Mr. Gothier to do 8 anything that he doesn't feel comfortable doing. If you 9 want to discuss that with him and look throngh that. I will lObe more than happy to do that. II MR. LANTIERI: Off the record. 12 (Discussion held off the record.) 13 A I can read this. This appears to be our lease 14 with the Jacksons. 15 BY MR. DeCINTI: 16 Q Just for purposes of identification. I can get 17 copies made, there are numbers at the bottom of that page 18 down there. You see that? 19 A 190A. 20 Q 190A? And the next one? 21 A 191A. 22 Q Keep Inoking at that. sir, since tha~s the 23 one that you feel comfortable looking at. 24 A Uh-hnb. 25 Q Let me ask you this. In looking at what you GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 10 \~. .' 1._, VILLAGE J\SSOCIATES, Plaintiff vs. JAMES JA.CKSON and C.AROL YN W. JACKSON, Defendants - G .-, RECEIVED MAR 0 6 1998 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-3489 CIVIL CIVIL ACTION - LAW ... IN RE' PLAINTIFF'S MOTION FOR POSTTRIAL RPT IEF AND NOW, this is DENIED. Steven E. Grubb, Esquire P. O. Box 1268 Harrisburg, P A 171 08-1268 For the Plaintiff Michael S. TraVis, Esquire 2 East Main Street Shiremanstown, PA 17011 For the Defendants :rlm BEFORE HESS J. ORDER 'i d day of March, 1998, tile posttrial motion of the plaintiff BY THE COURT, ~4d . ... ',;#'''-" ,.I~ - -~. :> . .. VILLAGE ASSOCIATES, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-3489 CIVIL JAMES JACKSON and CAROLYN W. JACKSON, Defendants CIVIL ACTION . LAW IN RE: PLAINTIFF'S MOTION FOR POSlTRIAL RF.T TF.F , BEFORE HE~S. J. OP~ON AND ORDER This matter is before the court on posttrial motions of the plaintiff, Village Associates tla Hampden Village (Hampden Village). The court entered a verdict in favor of the defendants, James and Carol Jackson (the Jacksons) in an action in which the plaintiff sought to evict the defendants from the plaintitrs mobile home park for a violation of park rules. The facts adduced at the nonjury trial in this case revealed that Hampden Village had received numerous complaints about children playing in the streets. In an attempt to correct the problem and make the residents aware of the park rule prohibiting playing in the streets, the plaintiff sent a certified letter to all residents. The letter, mailed on April 1 a, 199~, indicated inter alia that "from now on it will not be permitted for the children to play hockey and other games in the street." Subsequent to this letter, the plaintiff received complaints about the Jackson children playing in the streets. On May 29, 1996, the Jacksons received another certified letter addressed to them personally. The letter informed them that there were "many complaints from other tenants in the park" about their children, and that the only recourse available was to begin eviction proceedings. An eviction action was filed, leading to our nonjury trial in this case. c .... 96-3489 CIVIL In rendering a verdict in favor of the defendants, we concluded that they had not received sufficient notice in accordance with the Mobile Home Park Rights Act (MHPRA), 68 P .S. Section 398.1 et seq. We continue to believe that our conclusion was correct. Specifically, we are satisfied that the plaintiff did not comply with Section 398.3 of the MHPRA which deals with the proper procedure for eviction from a mobile home park. Prior to eviction for a violation of ... park rules, a park resident must be notified in writing of a particular violation of park rules by certified mail. 68 P.S. Section 398.3(b)(2). This notification triggers a six-month statutory period during which a second violation may result in eviction. The first notice must address a "particular breach or violation." In this case, the first letter sent to the defendants did not address a particular violation or even suggest that the Jacksons had violated the rule with regard to permitting children to play in the streets. It simply indicated that "from now on" the rule against children playing in the streets would be enforced. Thus, the notification received by the Jacksons on May 29, 1996, was a notice of a first violation and not a second notice. The strict notice requirements of the MHPRA are clearly due to the unique nature of tenancy in a mobile home park. A mobile home owner cannot move from a park ~thout incurring substantial expense and inconveriience. "The purpose of this legislation is to give special protection to mobile home owners in mobile home parks." Malvem Courts Inc. v. Stephens. 275 Pa.Super. 518, 522, 419 A.2d 21, 23 (1980)~ . no [T]he purpose of requiring a particular method of giving notice and including therein a description of the particular breaches or violations is not only to prevent disputes over whether notice was received 2 .--" ~j,Co' - - -" ~.'-~ ~ 9 96-3489 CIVIL but also to fix a six-month period within which a second or subsequent violation may result in the mobile home park owner commencing eviction proceedings. Moreover, the notice must specifically describe the violations so that a resident may correct them and commences the running of the six-month limitation period during which a further violation creates the right to bring an eviction proceeding. l!1 at 23-24..... In this case, the April 18th letter did not specifically describe a violation committed by the Jacksons. The notice requirements of the Mobile Home Park Rights Act are strict but easily understood. As there was not compliance with the notice provisions in this case and because proper notice is a prerequisite to eviction, we are satisfied that our verdict should stand. ORDER AND NOW, this ". clay of March, 1998, the posttrial motion of the plaintiff is DENIED. BY THE COURT, 6. /I/L . K7 'A. Hess, J. ... 3 ,w '__ -~' 'J. A41002/98 VILLAGE ASSOCIATES, T/A HAMPDEN VILLAGE, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. JAMES JACKSON AND CAROLYN W. JACKSON, H/W, Appellees No. 444 Harrisburg, 1998 Appeal from the Judgment Entered April 20, 1998, in the Court of Common Pleas of Cumberland County, Civil Division, at No. 96-3489. BEFORE: JOHNSON, HUDOCK and HESTER, JJ. MEMORANDUM: F I LED NOV 1 8 1998 Village Associates t/a Hampden Village appeals the trial court's refusal to eject Appellees, James and Carolyn Jackson, from Hampden Village Mobile Home Park ("Hampden Village"). We affirm. The facts are not disputed. Appellant sought ejectment against. ~_.,. Appellees before a district justice, who granted it a possession order on June 18, 1996.. Appellees appealed, and Appellant filed a complaint in ejectment on July 22, 1996. After the pleadings and discovery were closed, the matter proceeded to a nonjury trial on October 6, 1997. After trial, the court rendered a decision in favor of Appellees based on the Mobile Home Park Rights Act (the "Act"). 68 Pa.C.S.A. ~~ 398.1, et seq. Hampden Village is a mobile home park located in Mechanicsburg. Appellees and their three children, Tony, Kyle, and Cody, are tenants of the park. The lease agreement incorporated a set of rules and regulations @~~ " ~~ ~=~~~ ~~" "~ . . .J. A41002{98 applicable to Hampden Village. Among those rules and regulations is one pertaining to children in the street: No children should be allowed to play or participate in games on any of the streets or drives of the park, without specific advance written peq'l'llssion of the Lessor. Play areas are provided in the front gr~ss area, the picnic areas adjacent to the creek, and the rear gr~ss area, for use by Lessee at their own risk. All persons shall be reSpectful of the rights and property of each of the other Lessees, and shall not trespass upon their premises or otherwise disturb their quiet possession thereof. . Reproduced Record ("R.R. ") at 7a. On April 18, 1996, Appellant mailed to all ofthe tenants in the mobile home park the following notice: Dear Tenant: Due to several complaints from the tenants in Hampden Village about the children playing in the streets, I would like to remind you that when you moved into the park you were given a copy of the rules and regulations. . . . [The above quoted rule pertaining to children in the streets was reproduced in this paragraph.] The rules are for all tenants and it is the resoonsibllitv of all the oarents td see that the rules are followed. From now on it will not be permitted for the children to play hockey and other . games in the street. We are sorry to have to do this, but we are afraid that someone is going to be seriously injured. ld. at 9a (emphasis added). On May 29, 1996, Appellees were given speCific notice that their children had been violating the above rule. That notice was addressed to Appellees, unlike the notice sent on April 18, 1996, and also accused their - 2 - ^'--=~ ~ ~...'- ~ . , , I ~-~! J. A41002/98 children specifically of violating the rule. No further notices were sent before eviction proceedings were commenced before the district justice. The Act provides a method for eviction of tenants of mobile home parks. No one disputes that the Act applies herein. Section 398.3 (a) (2) provides that a mobile home resident may be evicted for a "second or subseauent violation of the rules of the mobile home park occurring within a six-month period." (emphasis added). Section 398.3 (2) states in relevant part: Prior to the commencement of any eviction proceeding, the mobile home park owner shall notify the mobile home park resident in writing of the particular breach or violation of the lease or park rules by certified or registered mail. (ii) In the case of a breach of the lease or violation of the park rules, other than nonpayment of rent, the notice shall describe the particular breach or violation. No eviction action shall be commenced unless the mobile home park resident has been notified as required by this section, and upon a second or subsequent violation or breach occurring within six months, the mobile home park owner may commence eviction proceedings at any time within 60 days of the last violation or breach. Herein, the Act is very clear and specific. The tenant must violate the rule at least twice before the tenant may be evicted. The tenant also must be notified that thev have broken the rule or regulation. Eviction proceedings may not be commenced until a second violation has occurred and notice with respect thereto has been sent. - 3 - - ~~~, _I ~ , ~ J. A41002/98 The trial court found, and we agree, that the April 18, 1996 notice did not pertain to Appellees specifically and was not sufficient to notify them that thev had violated the rule relating to children in the streets. It is clearly a general notice,. which was sent to all tenants, and the letter implies that a number of tenants were violating that particular rule. There is no indication that those tenants included Appellees. The April 18, 1996 notice simply failed to inform Appellees that they had violated the rule because there is no indication whatsoever that their children were involved. Thus, the May 29, 1996 letter was the first notice of a first violation of the rule. As Appellant did not comply with the requirements of the Act, they prematurely and improperly instituted these eviction proceedings. We are not concerned with the fact that Appellees' children may have been violating the rule contil1uallv. The relevant consideration in this case is whether Appellees were notified properly of their children's violation of the rule. They were not. Hence, we affirm. Judgment 'affirmed. - 4 - . , ~~, '--- - " t CERTIFICATE OF SERVICE I, Betty S. Berdanier, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIFFS' RESPONSE IN OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS RVG MANAGEMENT & DEVELOPMENT CO.. ET AL. upon all counsel of record via postage prepaid first class United States mail addressed as follows: Charles J. Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY 1500 Market Street, Suite 1550 Philadelphia, PA 19102 Counsel for Hampden Township and Hampden Township Sewer Authority PauIF.Lantieri,Esqurre BENNETT, BRICKLIN & SALTZBURG, L.L.P. 100 South Queen Street, 3rd Floor Lancaster, P A 17603 Counsel for RVG Management and Village Associates _~~ dw~ Dated: ~Lj jt12- I 1(""-' ~,' ~'J.illt. 'i>""";~"-'_IiilIl~. '-0,"'" " ". . () 0 0 C N 01 :5: S= :::1 L'l1:: ~ ri~~ rnrn :z Z:r.! "Tl1r1 :,:::C- -..I ~~O ~~~ ;--S I ~~ -ry ~j~ ~-n ~. '20 :J>c= C:? Orn -~ -;7 ......; 3 "0 :b , (,;) -< ~ . M;. ","""""'_'~""h ~ -,. '~ . r" BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lautieri, Esquire J.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONAID M KATZMAN and BRADLEY C.lEISURE t/d/b/a VIlLAGE ASSOCIATES, a partnership, Vd/b/a Hampden Village MdJile Home PaIk; HAMPDEN TOWNSHIP : and HAMPDEN TOWNSHIP SEWER AUTHORITY 'Ic-- , .' ~ oj ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M Katzman and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d'b/a Hampden Village Mobile Home Plllk COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL ACTION - LAW DOCKET No. 2000-798 PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Please withdraw, without prejudice, the Motion for Sununary Judgment filed on behalf of defendants, R VG Management & Development Co., Robert V. Gothier, Sr., Jack R. Leisure, Ronald M. Katzman, and Bradley C. Leisure, t/d/b/a Village Associates, a partnership, t/d/b/a Hampden Village Mobile Home Park. BENNETT, BRICKLIN & SALTZBURG LLP BY: Dated: July 12, 2002 P UL F. LANTIERI, ESQUIRE Attorney for Defendants '","," -- ""~"'-~"'"~~ '. BENNETT, BRlCKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 SOUTH QUEEN STREET, 3RD FLOOR LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANTS RVG Management & Development Co., Robert V. Gotbier, Sr., Jack R. Leisure, Ronald M Ka1mxm. and Bradley C. leisure, Vd/b/a Village Associates, a partnership, V<Vh'a Hampden Village Mobile Home Park CODY JACKSON, a minor, by and through his p/n/g, JAMES and CAROLYN JACKSON COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONAID M KATZMAN and BRADLEY C. LEISURE Vd/b/a VILLAGE ASSOCIATES, a partnership, Vd/b/a ~ Village MOOile Ho1re Pmk, HAMPDINTOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY CIVIL ACTION - LAW DOCKET No. 2000-798 CERTIFICATE OF SERVICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing Praecipe to Withdraw Motion for Summary Judgment was served upon counsel of record listed below by way of United States Regular First Class Mail, postage prepaid. James DeCinti, Esquire ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, P A 17110 (Counselfor Plaintiffs) Charles James Daly, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY Center Square West 1500 Market Street, Suite 1550 Philadelphia, P A 19102 (Counselfor Hampden Township and Hampden Township Sewer Authority) Scott Cooper, Esquire SCHMIDT, RONCA & KRAMER, P.c. 209 State Street Harrisburg, P A 17101 (Counsel for James and Carolyn Jackson as Additional Defendants) o r: !,.k P kUL F. LANTIERI, ESQUIRE Dated: July 12,2002 ..~""'='"~..~_''''''~" ~~ "~~~_~~;~;t,j'~',""''';'-'~''''~ ~_ 'N "," ~"""'Iliiiiliift ~= .~ ~ii ",'= ....... -.~ n 0 0 C N $: ,-, C- ::j U-cn c: mrri =il~ ~e~ r- G?_'~ 0'1 ::88 -<'" '::J I r:ci ,-,0 :< ' ",. "r-..,-, ~(" ::JI:: :',"':;;-Tl Z' :4(') )>0 If? Oin '-- Z ;;g --! :..n -< -< . 'roo-_ ".' -', q , < '-:';,,,,,,,1r",;~--",~-, ~ ~ '[', SUSAN C. JONES and JOHN W. JONES, her husband,and R. BERNARD WEBER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW GWENETHD. MONGELLI and JOHN T. : MONGELLI, her husband, : and DEREK A. . MONGELLI, Defendants NO. 00-5585 EQUITY TERM IN RE: PLAINTIFFS' PETITION FOR ADJUDICATION OF CIVIL CONTEMPT ORDER OF COURT AND NOW, this 15th day of July, 2002, upon consideration of the attached letter from Douglas G. Miller, Esq., attorney for Plaintiffs, a hearing is scheduled for Wednesday, October 16,2002, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Douglas G. Miller, Esq. Attorney for Plaintiffs Karl E. Rominger, Esq. Attorney for Defendants :rc ~ ~ ?/16/n- J F!LED~OFF!CE OF THE~ f)~;Cm~;Oi\~DTARY 02 JlJL I 6 M\ 9: 49 CU'j\ARc;"i-"-' 1,_-";,,, ('('" 'I"m' ,10.., \W"'Ii..) -..J"-,,v'<r PENNSYLVN~!A ~ , . , 'CC' L _, ,_ HI J, UII','lIDlI'~1/II~~ ~"""''''''~~'''''_ -<,;;jJ!\l~,,<~, - ._ "~_~"''',,^ __~~,,,,,"o''''''-''',,,,,,,,,,._ ""_'_""__',,,,",",,,,,~,., ~,~, 'I""",,,,,~,,, '. . LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B.IRWfN MARCUS A. McKNIGHT, 1Il JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S.lRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN. IRWIN &IRWIN (1956-]986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994- ) July 12, 2002 THE HONORABLE J. WESLEY OLER, JR. CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 RE: SUSAN JONES. ET AL. V. GWENETH MONGELLI. ET AL. NO.: 00-4485 EQUITY TERM ::75:?S" Dear Judge Oler: Please reschedule the hearing regarding the Petition for Contempt which was continued generally from March 15,2002. Thank you for your attention to this matter. Very truly yours, IRWIN, McKNIGHT & HUGHES ?k~' fiJ!. DGM:tds cc: Karl Rominger, Esquire Mr. and Mrs. John Jones Mr. R. Bernard Weber lib!. IS~ , co CODY JACKSON, a minor, by and through his parents and natural guardians, JAMES and CAROLYN JACKSON Plaintiffs v. RVG MANAGEMENT & DEVELOPMENT CO., ROBERT V. GOTHIER, SR., JACK R. LEISURE, RONALD M. KATZMAN and BRADLEY C. LEISURE t/d/b/a VILLAGE ASSOCIATES, a partnership, t/d/b/a Hampden Village Mobile Home Park, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP SEWER AUTHORITY Defendants .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CNIL ACTION ~ LAW NO. 2000-798 JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. Date: 1rio~ 257955.1 IJDIDZ II Respectfully submitted, ANGINO & ROVNER, P.C. \~7)C James DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attomey for Plaintiff cr- - -.. -,-,--_., _c_"_-"~-"- ",C- ,__,_ ,_c",_ . "- --'. "",,,,-- " ..... '" " ,', I , (') Cl () C r.,''1- -n ~, ':--,c: ,- <.' LC' , ---~ rn rT, ;co " "- Z Z LL.: (,r) , ~,.o ~;: :r: -, !;= f " ~,:",/ ):;-::: " -c' ,- lJ .cO' ,'---'-, )> c: f::? -, m :-=:'t -':1 ~...,,,,, "~ :.0 -< -<