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Home My WebLink About02-5702 BETTY I. PALM, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. ?Jd. ,5'7CQ ~ L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary, Cwnberland County Court of Common Pleas Please issue a writ of summons to the defendants in the above-captioned action at the following address: Crown American Properties, L.P. Crown American Capital City Associates, L.P, Crown American Capital City Associates Pasquerilla Plaza Johnstown, PA 15901 (Cambria County) Respectfully submitted, GATES, HALBRUNER & HATCH, p,c. "~~J~ BY: Ii. c.. . <.. Mark E, Halbruner, Esq. Attorney J.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717)731-9600 (Attorneys for Plaintiff) Date: \ \ / :?-61c:n.... , ~, ~ "- ~ ~- () ~ ~ ~ (J '-f1 b .. 0 c' ~ V', ~ ~- I" '^ \ "J- vi~ ~ \"\) 92Li C3 65S', ~ ____'. u~ ;: ~~~"~ ~ ~ ~ ~ Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Betty I. Palm Court of Common Pleas Plaintiff Vs. No. 02-5702 Civil Term In CivilAction-Law Crown American Properties, L.P. a limited partnership, Crown American Capital City Associates, L.P., a limited partnership, and Crown American Capital City Associates, a business trust Pasquerilla Plaza Johnstown, PA 15901 (Cambria County) Defendant To Crown American Properties, L.P., a limited partnership, Crown American Capital City Associates, L.P., a limited partnership, and Crown American Capital City Associates, a busniess trust You are hereby notified that Betty I. Palm the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date November 26, 2002 By ~ r~/,.,.W Deputy Attorney: Name: Mark E. Halbruner, Esq. Address: 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for: Plaintiff Telephone: 717-731-9600 Supreme Court ID NO. 70297 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALM BETTY I VS CROWN AMERICAN PROPERTIES ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CROWN AMERICAN PROPERTIES LP A LIMITED PARTNERSHIP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 18th, 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge Dep Cambria County 18.00 9.00 10.00 51.25 .00 88.25 12/18/2002 MARK HALBRUNER ~ .' Thomas Klln Sheriff of Cumberland County Sworn and subscribed to before me this -3,.v- day of "--r" A7 A.D. J-.lJfd C-'~tl (] ~ ~ I Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALM BETTY I VS CROWN AMERICAN PROPERTIES ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CROWN AMERICAN CAPITAL CITY ASSOCIATES LP A LIMITED PAR'INERSHIP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 18th, 2002 , this office was In receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/18/2002 MARK HALBRUNER ~~ . Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this J<< day of 0~" '') ~1.JtJ_3 A.D. ~r1- P~t~[~~yA~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALM BETTY I VS CROWN AMERICAN PROPERTIES ETAL duly sworn according to law, says, that he made a diligent search and R. Thomas Kline , Sheriff or Deputy Sheriff who being and inquiry for the within named DEFENDANT , to wit: CROWN AMERICAN CAPITAL CITY but was unable to locate Them in his bailiwick. He therefore ASSOCIATES A BUSINESS TRUST deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 18th, 2002 , this office was In receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/18/2002 MARK HALBRUNER ~ . l.UUlllcl~ ;J.lne. Sheriff of Cumberland County Sworn and subscribed to before me /1 this 3M day of Lj,Mw"7 J.iJ?l.3 A. D. ~Q'~ --- ,... prothonotat~ In The Court of Common Pleas of Cumberland County, Pennsylvania Betty I. Palm vs. Crown American Properties LP et al SERVE: Crown American Properties LP No. 02 a limited partnership 5702 civil Now, November 27, 2002 , I, SHERIFF OF CUMBERLANDCOT.JNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r)" r:J P:;:;"4':>-;-:::? 4~_",- .-. ..~~ F. ,-.-~ " ,_..' <_ .. ~~"'''vn",.,:;,,::,-~;r:-'7 ,~,,,. ,.;.._~ '" _~.I'~.-$ r ' - "".",,; _,..,."",~,..oJ...... -.--t'" Sheriff of Cumberland County, P A Affidavit of Service Now, /2 - o{. ,20/)2., at /'1: lj 6 o'clock P. M. served the W If+ t() 5 LW1 fY161A4 (!~()U)I) fh.u Y)' (0" - fm@ '/ -:~' ~ d f' ;J 4< U?'fltj; Po. ~t':. ~~ 110 fJ/a 7~ T~AA<4+,---__ by handing to C)rfln -Rellm :'>e~ a -h-UQ..... 'r aJ.+e*--LJ'J copy of the original lu~~ within upon at and made known to LOr-if 6 StuVvtVt~ the contents thereof. So answers, J3HJ cj(~ Sheriff of ;J ~" ~ li /1. County, PA P cctt;y /iA; ~rLJ COSTS SERVTCE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this J~ tJ day 0fAJ>,~ ,20 ~).. (5/.d5"") $ TOTfl-1 In The Court of Common Pleas of Cumberland County, Pennsylvania Betty I. Palm SERVE: VS. Crown American Properties LP et al Crown American Capital City No. Associates LP a limited partnership 02 5702 civil Now, November 27, 2002 , I, SHERIFF OF CUIvIBERLANDCOUNTY, P A, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff a :.;;Y oJ" ~""','-;" ~ > ?'..~,..::;.. :N:~ ,...,....c~. ~~. f"~ ...... ,._'.<" ..-'; ,.#;~~... .....,::':l':.v. .r" J.;.....,~ _~.,......,. , ."~ ,,~':r ...,...,~"...._ '" , , Sheriff of Cum berland County, P A Affidavit of Service at /~. ~ ' (Dr/-/- ~ Su.mrnVK<J t!<o: =f~ (llI-f1hJ_ t?d(j_ I1sso~. L'P4- /I~ 71J...Sju ~/i/ /CL (J;OcZ/f- Js-ln. ffl. OlS901 I?u-ftu.rSo/ (J r /hi Kef/fh, 5ec.u.l.d:y +r H.P - (' a..He. 5I-e./J ~ ,20()2 ,at /'/: 'ho'clock P. M. served the Now, within upon by handing to a copy of the original tOr/I- 0 SUJh~ and made known to the contents thereof So answers, IJM ~~> Sheriff of ~~ County, PA tcdfJ ~ COSTS SERVICE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this {.3 ei day of )Jqc~ ,200.2 . J 5/ J-j l 7ZJ7If1 J[l{JZ cr63C:ip In The Court of Common Pleas of Cumberland County, Pennsylvania Betty 1. Palm SERVE : YS. Crown American Properties LP et al Crown American Capital City No. Associates a business trust . 02 5702 civil Now, November 27, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. --a _?iJ ,.J'....""'>--;-' ~' .-i/,,"',/" ~.-.,.. ..... A .. ~~~n':':1....:-~;f...:t.. .J'..-,::,....~" ",,>-,:,".-Jt7 r" . ,'''r ,,-,''''''~'''.; '" . Sheriff of Cum berland County, P A Affidavit of Service Now, ,20 02, at /'1''-10 o'clock f M. served the )J. ;2 - ()J 0+ () F Su fY] YY70 t75 I! ro uJn !11Y1€rjt 11-.. (}/If{f;'4o.i (I;, +<t .Assoc , ~ bu S I r1~-f, &OuPItll4- 'iJ/a2Jt JOhfl5fOl1Jr1 Pit. ISy()/ by handing to () r 4- n 7< (J It1l) ~ -+ r~e. ~ Ant STf D and made known to h im within upon at ~e~l-'t cop~the original /JJ r"i+ 1) SlUhfflpr(xJ the contents thereof So answers, 6J-b cJ)41lL Sheriff of (' Amh,:1l County, PA Sworn and subscribed before methis /3 "'h day of 1t~ ,20~ -f~~~ COSTS SERVICE 49,2S' MILEAGE AFFIDAVIT (3 .00 $ f/ 57. J.S-70TI1/ ~ THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 Peter J. Speaker, Esquire Attorney [D. 42834 (717) 255-7644 Crystal H. Williamson, Esquire Attorney [D. 91069 (717) 237-7103 Attorneys for Defendants BETTY I. PALM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 02-5702 v CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, JURY TRIAL DEMANDED Defendant , , ".Bh- .1" :-;A!,:;:,:..' . . . . '. . . " . ., '. . /. '~j:e~'ftf!!!~,w~\~lu,..llIv 'ftl!!!!;~il!f~J; JI!~i.;!~.~m,:,i'" .' ~rnMc"'rc;.>~'c'..<':>n; ,'; ~or.M:l!!rr.~""fY"..,' .::. , .\'";;;_ '0' "'c.,,,5'. . To: Curt Long, Prothonotary Please enter the appearance of the undersigneds as counsel of record for Crown American Properties, Crown America and Capital City Associates, Defendants, in connection with the above matter. B eter J. 1.0 #42 4 (717) 55-7644 Crystal H. Williamson, Esquire 1.0.#91069 (717) 237-7103 305 North Front Street P. O. Box 99B Harrisburg, PA 17108 Date://-f ~oy CERTIFICA TE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendant, , hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E. Halbruner, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dated: / I ~ J ,,(/ f 324142.1 B \. n ,...", 0 <= C ("= -0 ...;..- -~,... '-1 , ' I ...~. ,.. ::r: -r! I : C) .' .....: r 11 F*' T)rTl C'J I ;;29 UJ >~JO .' ::~!;~ .. v ~ .' -,., '" _. - ,..;0' f'':> "".:'; -t.'; (J1 ~'X) rv - " .;. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Crystal H. Williamson, Esquire cwilliarnson@tthlaw,corn Attorney I.D. 91069 717-237-7103 Attorneys for Defendant BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiff in the above matter to file a Complaint within twenty (20) days after service of the Rule or suffer Judgment of" Non Pros. Date: II /ZZ / of MAS, THO~S & jEll . Cryst . Williamson, Esquire Attorneys for Defendants RULE TO FILE A COMPLAINT AND NOW this e2l.{-{-~ay of ,Ax(_~ ,200_, a Rule is entered upon the Plaintiff to file a Complaint within twenty (20) days after servicE~ of the Rule, or suffer of Non Pros. Date: 1//;; Lf/OC( By ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Mark E. Halbruner, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 "7')MAS, THOMAS & HAF~~, LLP U~lJ~ Crysta . Williamson, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Dated: (lflZ/ot o ~; -0 ,-:t'; ~~} tj i 7'-.: u:.:: _i', ~t :;~~ ~~=J ,,'t ,'-- ~;~ :~ ...' "'" = c::,-, ..r::-- ::z: o < N .s:- o ." :r! miD :::Ogn1 ",0 , o :1! -'-, o:!J .....0 (3m '''.'1 ~ ..1:) -< :-.:.". :'1: '.~ Ul " WHEREFO RE, Plaintiff respectfully requests that the Court enter a judgment in her favor and against Defendants jointly and severally for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with costs of suit, attorney fees and such other relief as the Court deems appropriate. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. By: ~(~ ~a__. Mark E. Halbruner, Esq. Attorney J.D. #66737 Albert N. P,eterlin, Esq. Attorney J.D. #84180 1013 Mumma Road, Suite 100 Lemoyne, FA 17043 (717) 731-9600 (Attorneys for Plaintiff) Date: December 21, 2004 3 .- VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of my counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledg1e, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ,,/.#:,,~: ~ ~ ~~rock, attorney-in-fact for Betty I. Palm Date: /.2.- //,-(1 ~ " BETTY I. PALM, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLANll COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAL DEMANDED NOTICE 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 a judgment may be enten~d 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 .' BETTY I. PALM, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLANJ> COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAL DEMANDED COMPLAINT NEGLIGENCE AND NOW, comes Betty I. Palm (hereinafter "Plaintiff'), hy and through her counsel, Gates, Halbruner & Hatch, P.C., and makes the following complaint: 1. Plaintiff is an adult woman whose address is c/o Shirley A. Rodrock POA, 1419 Concord Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant Crown American Properties, L.P. is a foreign limited partnership registered to do business in Pennsylvania. 3. Defendant Crown American Capital City Associates, L.P. is a Pennsylvania limited partnership. 4. Defendant Crown American Capital City Associates is a foreign business trust registered to do business in Pennsylvania. 5. At the time of the incident described herein, Defendant Crown American Properties, L.P. was the record owner of a retail shopping center known as the Capital City Mall and located in Lower Allen Township, Cumberland County, Pennsylvania. 6. It is believed and therefore averred that at the time of the incident described herein the Defendants were responsible for the maintenance and management of the Capital City Mall. 7. At approximately 4:00 p.m. on November 26,2000, Plaintiff slipped and fell while walking out of the east side of the Capital City Mall food court, whereby Plaintiff sustained serious bodily injury. 8. Plaintiff continues to experience pain and suffering from her fall at the Capital City Mall. 9. Defendants owed Plaintiff a duty to maintain the Capital City Mall so that it was safe for pedestrian traffic. 10. Defendants negligently breached this duty by permitting the east exit of the food court to be susceptible to falls by elderly mall pedestrians such as Plaintiff. 11. Defendants' negligence directly and proximately caused Plaintiff the damages described above. 2 .~ CERTIFICATE OF SERVICE I, Mark E. Halbruner, ofthe law firm of Gates, Halbrum:r & Hatch, P.C., hereby certify that I served a true and correct copy of the foregoing document on this date by First Class mail to the following: Crystal H. Williamson, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PAl 71 0 1 (Attorneys for Defendant) GATES, HALBRUNER & HATCH, P.C. By: ~(!~~ Mark E. Halbruner, Esquire 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Telephone: (717) 731-9600 (Attorneys for Plaintiff) Date: December 21, 2004 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Crystal H. Williamson, Esquire cwilliamson@tthlaw,corn Attorney 1.0. 91069 717-237-7103 Attorneys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED 'c "'i:~LliQ:~<, " TO: Plaintiff YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS OR DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, Dated: 1- 7- 05 TH~AS, THOMAS & HAFER, LLP / j ./1 / . '\. I ~~ ~'~ Peter J../ peaker, Esquire 1.0 #41834 Crystal H. Williamson, Esquire 1.0 #91069 P. O. Box 999 305 North Front Street Harrisburg, PA 1'7108 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Harrisburg, PA 17108 Crystal H. Williamson, Esquire cwilliarnson@tthlaw.com Attorney I.D. 91069 717-237-7103 Attorneys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEF'ENDANTS. CROWN AMERICAN PROPERTIES. CRO'WN AMERICA. AND CAPITAL CITY ASSOCIATES TO PLAIN1r1FF'S COMPLAINT AND NOW, comes Defendants, Crown American Properties, Crown America, and Capital City Associates ("Defendants"), by and through its attorneys, Thomas, Thomas & Hafer, and hereby preliminarily objects to Plaintiffa Complaint and in support thereof avers the following: 1. Plaintiff initiated the above-captioned action by way of Writ of Summons on or about November 26, 2002. 2. On or about November 24, 2004, Defendants Ruled the Plaintiff to File a Complaint in the above-captioned action. 3. Plaintiff filed a Complaint with this Court on or about December 21,2004. A true and correct copy of that Complaint is attached hereto as Exhibit "A". 4. Plaintiff's Complaint appears to allege that, on or about November 26, 2000, Plaintiff was injured when she slipped and fell while walking outside of the Capital City Mall food court. (PI's Complaint ~7). 5. Plaintiff further alleges that the Defendants were responsible for the maintenance and management of the Capital City Mall, and that they therefore have a duty to maintain the Capital City Mall so that it was safe for pedestrian traffic. (PI's Complaint 1m6, 9). 6. Plaintiff's Complaint goes on to allege that she experienced pain and suffering from her fall, which was caused by the negligence and/or carelessness of the Defendant in "permitting the east exit of the food court to be susceptible to falls by elderly mall pedestrians". (PI's Complaint ~~8, 10, 11). I. Preliminary Objections Pursuant to Pa.R.C.P. 1028(a)(2) and Pa.R.C.P.1028(a)(3) 7. Defendants incorporate the averments of paragraphs 1-6, above, as if fully set forth at length. 8. Pa.R.Civ.P. 1028(a)(2) provides that a party may preliminarily object to any pleading that fails to conform to law or rule of court. 9. Furthermore, pursuant to Pa.R.Civ.P. 1028(a){3), a party may preliminarily object when there is insufficient specificity in a pleading. 10. Pa.R.Civ.P. 1019(a) requires that the "material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa.R.Civ.P. 1019(a). This provision is designed to apprise the opposing party of what the pleading party intends to establish at trial. 11. Paragraphs 9 through 11 of Plaintiff's Complaint set forth general, unspecific and vague allegations of negligence on the part of the Defendants, in that Plaintiff pleads that Defendants "permitted the east exit of the food court to be susceptible to falls by elderly mall pedestrians such as Plaintiff." 12. The foregoing violate the fact pleading principles of Rule 1 019(a) in that these Paragraphs contain vague, non-specific allegations of negligence insufficient to apprise Defendants of the tortious conduct alleged against them. Defendants are therefore unable to appropriately respond or adequately prepare a defense to these allegations. Specifically, and simply, Plaintiff do not identify what was unsafe about the east exit, so Defendants are not informed of the factual basis of the claim against them. 13. Moreover, because of this vague pleading, Defendants are prejudiced in that Plaintiff may at any time, even though the statute of liimitations has expired, amend her Complaint to allege new theories and causes of aGtion. The Supreme Court of Pennsylvania has stated that where a general averment of negligence is not met with a motion to strike or motion for more specific pleading, the Plaintiff may be allowed to amend their claims to include more specific allegations of negligence any time up to, and including, the time of trial. See,~, Connor v. AlleiQhenv General Hospital, 501 Pa. 306,461 A.2d 600 (1983). 14. Therefore, in the alternative, Plaintiff's failure to plead material facts within Paragraphs 9 through 11 require that said allegations be stricken pursuant to Pa.R.C.P. 1019(a). WHEREFORE, Defendants respectfully request that this Honorable Court grant their Preliminary Objections to Plaintiff's Complaint and order Complaint be stricken with prejudice, or in the alternative, order that Plaintiff amend the Complaint to fully conform with the applicable Rules of Procedure. Respectfully Submitted, THOMAS~, THOMAS & HAFER, LLP /7 (' ,{I JoI?J L ~-, ~peaker, Esquire 1.0 #42834 (717) 255..7644 Crystal H. Williamson, Esquire 1.0. #91069 (717) 237..7103 305 North Front Street P. O. Box 999 Harrisbur~l, PA 17108 Date: Exhibit A !_!. ..~ f - Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAN])1 COUNTY,PENNSYLV ANIA BETTY I. PALM, vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, COpy Defendants. : JURY TRIAL DEMANDED NOTICE 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 ajudgment 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. Yon 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Associaltion 32 South Bedford Street Carlisle, P A 17013 Telephone: 717-249-3166 Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BETTY I. PALM, vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN. CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAL DEMANDED COMPLAINT NEGLIGENCE AND NOW, comes Betty I. Palm (hereinafter "Plaintiff'), by and through her counsel, Gates, Halbruner & Hatch, P.C., and makes the following complaint: 1. Plaintiff is an adult woman whose address is c/o Shirley A. Rodrock POA, 1419 Concord Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant Crown American Properties, L.P. is a foreign limited partnership registered to do business in Pennsylvania. 3. Defendant Crown American Capital City Associates, L.P. is a Pennsylvania limited partnership. 4. Defendant Crown American Capital City Associates is a foreign business trust registered to do business in Pennsylvania. 5. At the time of the incident described herein, Defendant Crown American Properties, L.P. was the record owner of a retail shopping center known as the Capital City Mall and located in Lower Allen Township, Cumberland County, Pennsylvania. 6. It is believed and therefore averred that at the time of the incident described herein the Defendants were responsible for the maintenance and management of the Capital City Mall. 7. At approximately 4:00 p.m. on November 26~ 2000, Plaintiff slipped and fell while walking out of the east side of the Capital City Mall food court, whereby Plaintiff sustained serious bodily injury. 8. PlaiIitiff continues to experience pain and suffening from her fall at the Capital City Mall. 9. Defendants owed Plaintiff a duty to maintain the Capital City Mall so that it was safe for pedestrian traffic. 10. Defendants negligently breached this duty byperrnitting the east exit of the food court to be susceptible to falls by elderly mall pedestrians such as Plaintiff. II. Defendants' negligence directly and proximatc~ly caused Plaintiff the damages described above. 2 WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment in her favor and against Defendants jointly and severally for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with costs of suit, attorney fees and such other relief as the Court deems appropriate. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. By: f~( ~~ -#~~. Mark E. Halbruner, Esq. Attorney I.D. #66737 Albert N. Peterlin, Esq. Attorney I.D. #84180 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 (717) 731-9600 (Attorneys for Plaintiff) Date: December 21, 2004 3 VERIFICATION The foregoing Complaint is based upon information whkh has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of my counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penaltil;:s. ~~t. ~ ~ Shirley A. J~OCk, attorney-in-fact for Betty I. Palm Date: /.2 -/./-d~' CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates, Halbruner & Hatch, P .C., hereby certify that I served a true and correct copy of the foregoing document on this date by First Class mail to the following: . Crystal H. Williamson, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17101 (Attorneys for Defendant) GATES, HALBRUNER & HATCH, P.C. By: ~ c!~ .::Ii~~ Mark E. Halbruner, Esquire 1013 Mumma Road, Suite 100 Lemoyne, l' A 17043 Telephone: (717) 731-9600 (Attorneys for Plaintiff) Date: December 21, 2004 CERTIFICA TE OF SERVICJE I, Crystal H. Williamson, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E. Halbruner, Esquire! Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Date: 1- 1. D5 TH~AS, THOMAS & HAFER, LLP C' . O/zLf.L--2- Cryst . Williamson, Esquire 1.0.#42834 P. O. Box 999 305 North Front Street Harrisburg, PA '17108 (717) 237.7103 0 ,....." 0 '--:"J c; t..=.:, 11 <=-,.", --- '-_ ....-I ., ?:::: f~ ::'J r- ""- el!j I -;--j ""1 --.! C~ (~) -.', : :--1 \ ",- .. ") .. ,- J n CO) , .. -; ..C- .. -', .;;..- :< BETTY I. PALM, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAl, DEMANDED NOTICE 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 a 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 LA 1NYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 , BETTY I. PALM, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAIJ DEMANDED AMENDED COMPLAINT NEGLIGENCE AND NOW, comes Betty I. Palm (hereinafter "Plaintifr'), by and through her counsel, Gates, Halbruner & Hatch, P.C., and makes the following amended complaint: 1. Plaintiff is an adult woman whose address is clo Shirley A. Rodrock POA, 1419 Concord Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant Crown American Properties, L.P. is a foreign limited partnership registered to do business in Pennsylvania. 3. Defendant Crown American Capital City Associates, L.P. is a Pennsylvania limited partnership. 4. Defendant Crown American Capital City Associates is a foreign business trust registered to do business in Pennsylvania. 5. At the time of the incident described herein, Defendant Crown American Properties, L.P. was the record owner of a retail shopping center known as the Capital City Mall and located in Lower Allen Township, Cumberland County, Pennsylvania. 6. It is believed and therefore averred that at the time ofthe incident described herein the Defendants were responsible for the maintenance and management of the Capital City Mall. 7. At approximately 4:00 p.m. on November 26,2000, Plaintiff slipped and fell while walking out of the east side of the Capital City Mall food court, whereby Plaintiff sustained serious bodily injury. 8. Specifically, Plaintiff slipped and fell while walking on the handicapped person access ramp or cut-out which slopes from the sidewalk outside of the mall entrance down to the parking lot. 9. Plaintiff continues to experience pain and suffering from her fall at the Capital City Mall. 10. Defendants owed Plaintiff a duty to maintain the Capital City Mall so that it was safe for pedestrian traffic. 11. Defendants negligently breached this duty by permitting the aforesaid handicapped person access ramp or cut -out to be unreasonably slippery and thereby susceptible to falls by elderly mall pedestrians such as Plaintiff. 12. Defendants' negligence directly and proximately caused Plaintiff the damages described above. 2 WHEREFORE, Plaintiff respectfully requests that the Court enter ajudgment in her favor and against Defendants jointly and severally for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with costs of suit, attorney fees and such other relief as the Court deems appropriate. Respectfully submitted, GATES., HALBRUNER & HATCH, P.C. By: fU-eZ-t4 cS. :;r~ Mark E. Halbruner, Esq. Attorney I.D. #66737 Albert N. Peterlin, Esq. AttorneyI.D. #84180 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 (717) 731-9600 (Attorn(:ys for Plaintiff) Date: (__I ~-,--, S- 3 VERIFICATION The foregoing Amended Complaint is based upon intimnation which has been gathered by my counsel in preparation of the lawsuit. The language of th.: document is that of my counsel and is not my own. 1 have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, 1 have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities, which provides that if 1 make knowingly false averments, 1 may be subject to criminal penalties. A- elk Shirley A. oorock, attorney-in-fact for Betty I. Palm Date: / - -< .s-- () S- CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates, Halbruller & Hatch, P .C., hereby certifY that I served a true and correct copy of the foregoing document on this date by First Class mail to the following: Crystal H. Williamson, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (Attorneys for Defendant) GATES, HALBRUNER & HATCH, P.C. By: ~~~?'~ Mark E. Halbruner, Esquire 1013 Mumma Road, Suite 100 LemoYrle, PA 17043 Telephone: (717) 731-9600 (Attorneys for Plaintiff) Date: _J-.2 Z:;--6 ~ ..-rJ\:} , ,~tl1 . ."',-1. (') r::;. r-' C'~? ~ c.:" <--- ,,~ ,..'iJ," - '" cP ,',' <!} , <.::>' ~~;,\" "J.-' C:. -1 ";:.-\ .4 Q '1'\ '.7-1"\ \\"~;. """~'q~) .n . '\..~:\\.;-) :.-.,:-.,:j\ f~jf~ '~) ':.4 '7 ~ C? r-' .J THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O, Box 999 Hanisburg, PA 17108 Crystal H. Williamson, Esquire cwilliamson@tthlaw.com Attorney 1.0, 91069 717-237-7103 Attorneys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERI_AND COUNTY, PENNSYL.VANIA v. NO, 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED N"O'TJ'Cs"roP,t..SA'lJ ' ""0:""',' ,0'" 0 ,',' ,"," "" '''''' ':':',:""",:/",i;,;;,:"",::::;:'Y":>",":,:::"",:",,',,",;<,;;, TO: Plaintiff YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS OR DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU, Respectfully Submitted, Dated: '1tO /05 TI;iOlv1AS, THOMAS & HAFER, LLP (' If( / (/',. ~ Peter JI Speaker, Esquire I.D #42834 Crystal H. Williamson, Esquire I.D #91069 p, O. Box 999 305 North Front Street Harrisburg, PA 17108 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O, Box 999 Harnsburg, PA 17108 Crystal H. Williamson, Esquire cwilliamson@tthlaw.com Attorney 1.0, 91069 717-237-7103 Attorneys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYl.V ANIA v, NO, 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, CROWN AMERICAN PROPERTIES, CROWN AMERICA, AND CAPITAL CITY ASSOCIATES TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendants, Crown American Properties, Crown America, and Capital City Associates ("Defendants"), by and through their attorneys, Thomas, Thomas & Hafer, and files the following Answer and New Matter to Plaintiff's Complaint: 1, Denied as a legal conclusion and pursuant to Pa. R. Civ, p, 1029(e). 2, Admitted, 3. Adrnitted, 4, Admitted, 5. Admitted. 6, Denied as a legal conclusion and pursuant to Pa, R. Civ, p, 1029(e), 7. Denied as a legal conclusion and pursuant to Pa. R. Civ. P. 1029(e), 8, Denied as a legal conclusion and pursuant to Pa, R, Civ, p, 1029(e), 9. Denied as a legal conclusion and pursuant to Pa, R. Civ, P. 1029(e). 10, Denied as a legal conclusion and pursuant to Pa, R. Civ, p, 1029(e). 11. Denied as a legal conclusion and pursuant to Pa, R. Civ, P. 1029(e), 12. Denied as a legal conclusion and pursuant to Pa, R, Civ, p, 1029(e), WHEREFORE, Defendants, Crown American Properties, Crown America, and Capital City Associates, respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 13, Defendants, Crown American Properties, Crown America, and Capital City Associates, incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 12 of their Answer to Plaintiff's Complaint. 14, No act or omission on the part of Defendants, their agents, employees or servants, caused the Plaintiff's injuries. 15, Plaintiff may have been comparatively negligent and/or assumed the risk of her alleged harm, 16. Defendants may not have owed any duty to this Plaintiff in general, and in particular because any condition, denied as aforesaid, which was allegedly involved in this accident was open and obvious to the Plaintiff or to any reasonable person similarly situated, 17, Plaintiff may have failed to mitigate her injuriEls andlor damages. 18, Defendants pleads a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiff. 19, Defendants assert that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. 20, The fall complained of by Plaintiff in her Complaint, as well as the injuries or damages alleged resulting therefrom, were the direct and proximate result of the comparative negligence, carelessness or recklessness of Plaintiff, Betty I. Palm, which negligence, carelessness or recklessness bars or limits Plaintiff's claim by virtue of the Pennsylvania Comparative Negligence Act. 21. In the event it is determined that a hazard existed at the area of Plaintiff's alleged fall, which is specifically denied, then Plaintiff was negligent in that she failed to properly observe and avoid a condition which was open and obvious, 22. Plaintiff's claim may be barred by the applicable statute of limitations, 23. The conduct of Plaintiff was the proximate cause of the injuries and damages alleged in Plaintiffs' Complaint. 24. The condition or conditions of which Plaintiff complains were open and obvious, and reasonably ascertainable through reasonable vigilance and ordinary care on the part of the Plaintiff, 25, Plaintiff was negligent, careless and reckless as follows: (a) she failed to keep a proper lookout; (b) she failed to be alert and attentive; (c) she failed to avoid, or otherwise react to, an open and obvious condition; (d) she failed to use reasonable caution in walking, stepping or standing; and (e) she failed to watch where she was walking, stepping or standing, WHEREFORE, Defendants, Crown American Properties, Crown America, and Capital City Associates, respectfully requests that judgment be entered in their favor and against the Plaintiffs. Respectfully Submitted, Date:~/ Q /v'5- 'J"1AS. THOMAS & HAFEIl, LLP UiAoM /------ ~peaker. Esquire 1.0 #42834 (717) 255,.7644 Crystal H, Williamson, Esquire 1.0. #910Ei9 (717) 237..7103 305 North Front Street p, 0, Box 999 Harrisbur9, PA 17108 VERIFICATION I, Richard Pcihoda, am authorized to make this Verificalion and hereby certifY that the facts in the foregoing Answer are true and correct to the best of my knowledge, information and/or belief, This Verification is made subject to the penalties of 18 Pa, C,S. ~4904, relating to unsworn falsification to authorities. \L-L~?~ RICHARD PCIHODA 7j,/2I1Of CERTIFICA TE OF SERVICE I, Crystal H. Williamson, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E, Halbruner, Esquire Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dot, .Qj; ojo S TryAS' THOMAS& HAFER,_L~P C./I, /d- Crystal iIIiamson, Esquire 1.0. #42834 p, 0, Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7103 ATTORNEYS AT LAW ~1\i" :.:,:,',:',:,' <.,' :',':',',':'" ,':->:, : ',co'.\:. >,'" : THOMAS, THOMAS & HAFEF~ LLP www.tthlaw.com Mailing Address: P,O, Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Crystal H Williamson (717) 237-7103 cwilliamson@tthlaw,com February 10, 2005 Curt Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Palm v. Crown American Properties, etc. No. 02-5702 - Civil Action Our File No. 132-41799 Dear Mr. Long: Enclosed for filing is an Answer with New Matter in the above referenced matter. Please timestamp the copy and return it in the envelope provided, Thank you for your attention to this matter, Very truly yours, THOMAS, THOMAS & HAFER, LLP / / >t~', .Vu~"L--~~_ ' ,/ .' ~'~ ~stal H. VI/, lIiamson ....., CHW/bes Enclosure cc: Mark E. Halbruner, Esquire (w/enc) 324145,3 Bethlehem Office .3400 Bath Pike, Suite 302, Bethlehem, P A 18017 . Phone: (610) 868-1675 . Fax: (610) 868-1702 Pittsburgh Office .301 Grant Street, Suite 1150, Pittsburgh, PA 15219 . Phone: (412) 697-7403 . Fax: (412) 697-7407 THOMAS, THOMAS & HAFER LLP Curt Long, Prothonotary February 10, 2005 Page 2 bee: Jean Chinni, Claim No, 2000,768 (w/o ene) -"'1 'i~'.) c'f'l Li', .; ('; " - Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA BETTY J. PALM, vs. : CIVIL ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CIVIL L.P., a limited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a limited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, comes Betty I. Palm (hereinafter "Plaintiff"), by and through her counsel, Gates, Halbruner & Hatch, P .C., and makes the following reply to the New Matter filed by Defendants in the above-captioned action: 13. Paragraphs 1 through 12 of the Amended Complaint are incorporated herein by reference, 14, Denied pursuant to Pa.R,C,P. 1029(e), To the extent that a response is required, Plaintiff incorporates by reference the facts averred in the Amended Complaint. 15, DeniedpursuanttoPa,R,C,P,1029(e), 16, Denied pursuant to Pa,R,C,P. 1029(e), 17. Denied pursuant to Pa.R,C,P. 1029(e), 18, DeniedpursuanttoPa,R.C,P,l029(e), 19, Denied pursuant to Pa,R.C,P, 1029(e), 20, Denied pursuant to Pa,R,C,P. 1029(e), 21. Denied pursuant to Pa.R.C,P. 1029(e), . " 22, Denied pursuant to Pa,R,C.P. 1029(e), 23. Denied pursuant to Pa,R.C.P. 1029(e), 24, Denied pursuant to Pa,R,C,P, 1029(e), 25, Denied pursuant to Pa,R,C,P, 1029(e), WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment in her favor and against Defendants jointly and severally for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with costs of suit, attorney fees and such other relief as the Court deems appropriate, Respectfully submitted, GATES, HALBRUNER & HATCH, P,C, By: hu~ ~ :1,J.----',-;;::;? Mark E. Halbruner, Esq, Attorney l.D. #66737 Albert N. Peterlin, Esq, Attorney I.D, #84180 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 (717) 731-9600 (Attorneys for Plaintiff) Date: February 2Y, .2005 2 VERIFICATION The foregoing Reply to New Matter is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language ofthe document is that of my counsel and is not my own, I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification, This statement and verification are made subject to the penalties of 18 Pa,C.S, g4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. fit? . ') '. ,.;;:.'? , .xJ k/. L j1'CA ((. (7/tt' C j~:: Shirley A. orock, attorney-in-fact for Betty 1. Palm Date: ,2 - .,( ol. - (,.;) " ~ CERTIFICATE OF SERVICE I, Mark E, Halbruner, of the law firm of Gates, Halbruner & Hatch, P,C., hereby certifY that 1 served a true and correct copy of the foregoing document on this date by First Class mail to the following: Crystal H, Williamson, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P,O, Box 999 Harrisburg, PA 17101 (Attorneys for Defendant) GATES, HALBRUNER & HATCH, P,C, By: 17 ~1;7!" ~~ _ Mark E. Halbruner, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PAl 7043 Telephone: (717) 731-9600 (Attorneys for Plaintiff) Date: February 2:,I-L" 2005 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O, Box 999 Hanisburg, PA 17108 Crystal H. Williamson, Esquire cwilliamson@tthlaw.com Attomey 1.0, 91069 717-237-7103 Attorneys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES AND NOW, come Defendants, Crown American Properties, Crown America, and Capital City Associates ("Defendants"), by and through their attorneys, Thomas, Thomas & Hafer, LLP, and move your Honorable Court to Order Plaintiff to respond to Defendants' Interrogatories and Request for Production of Documents, and in support thereof aver as follows: 1, This is a personal injury case initiated by Betty I. Palm ("Plaintiff') by way of Writ of Summons on or about November 26, 2002, This action arises out of an alleged slip and fall incident occurring on November 26, 2000, at the Capital City Mall, located in Lower Allen Township, Cumberland County, Pennsylvania, 2. On or about November 24, 2004, Defendants Ruled the Plaintiff to File a Complaint in the above-captioned action. Plaintiff filed a Complaint with this Court on or about December 21, 2004, 3. Plaintiff filed an Amended Complaint on January 25, 2005, 4, In her Amended Complaint, Plaintiff alleges that she fell while walking on the handicapped person access ramp or cut-out, and further alleges that Defendants allowed the ramp to be unreasonably slippery and susceptible to falls by elderly mall pedestrians, 5, Plaintiff further alleges that the Defendants were responsible for the maintenance and management of the Capital City Mall, and that they therefore have a duty to maintain the Capital City Mall so that it was safe for pedestrian traffic, 6. On February 10, 2005, Defendants filed an Answer and New Matter denying said claims, 7, On or about May 10, 2005, Defendants served a Request for Production of Documents and Interrogatories on Plaintiff pursuant to Pa,R.C,P, 4005 and 4009,11, Copies of the referenced Request for Production of Documents and Interrogatories are attached hereto as Exhibit A. 8, In these discovery requests, Defendants seek information regarding potential witnesses, Plaintiff's medical condition, and the specific basis for the claims made by Plaintiff in this matter, among other things. 9, Answers to Defendants' discovery requests were due 30 days from service, or on or about June 10, 2005, 10. Plaintiff failed to respond to the discovery in a timely fashion, and Defendants requested, by mail, on June 30, 2005, that Plaintiff respond, and stated that if responses were not received within two weeks, steps necessary to compel a response would be taken, A copy of that correspondence is attached hereto as Exhibit B. 11, On or about July 22, 2005, counsel for Defendants received a telephone call from Plaintiff's counsel. As a result of this communication, Plaintiff was given an additional 30 days to respond to Defendants' discovery requests, after being reassured that such responses would be forthcoming. 12, To date, Defendants have yet to receive any response whatsoever to the referenced discovery requests, 13, Without knowing the identity of Plaintiffs witnesses (if any), the extent of Plaintiffs alleged injuries, and other various information sought in the discovery requests, Defendants are unable to properly prepare the defense of this case, to evaluate the merits of the allegations in the Amended Complaint, to prepare for the depositions of parties, or to otherwise dispose of this case, Thus, Defendants are prejudiced by Plaintiffs refusal to serve answers to their discovery, 14, All discovery sought by Defendants through the Interrogatories and Request for Production of Documents is relevant to the instant litigation, and Plaintiff has not served timely objections. 15, Plaintiff has had ample time to respond to Defendants' Request for Production of Documents and Interrogatories, 16. Pa,R,C,P, 4019 provides that upon motion of a party, the Court can make an appropriate order when a party fails to make discovery, 17. Consequently, Plaintiff should be compelled to provide answers to Defendants' outstanding Interrogatories and Request for Production of Documents, or suffer the imposition of sanctions pursuant to Pa,R,C,P, 4019, WHEREFORE, Defendants respectfully request that this Honorable Court issue an Order compelling Plaintiff to serve complete answers to Defendants' Request for Production of Documents and Interrogatories within twenty (20) days or be precluded from pursuing her claims, Respectfully Submitted, TH ,AS, THOMAS & HAFER, LLP ~ <, Peter J peaker, Esquire I.D #42 34 (717) 255-7644 Crystal H, Williamson, Esquire I.D,#91069 (717) 237-7103 305 North Front Street p, 0, Box 999 Harrisburg, PA 17108 By: DATE: '7/ZI (oS 378682,1 THOMAS. THOMAS & HAFER. LLP 305 North Front Street P,O, Box 999 Hamsburg, PA 17108 Crystal H. Williamson, Esquire cwilliamson@tthlaw,com Attorney 1.0, 91069 717-237-7103 Attomeys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS ADDRESSED TO PLAINTIFFS - SET I Defendants hereby request that you furnish pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, at our expense, or permit the Defendants or someone acting on their behalf to inspect, examine, and copy the following items concerning this action which are in the possession, custody, or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of Plaintiff. including any insurer(s) for Plaintiff. Said items shall be produced or made available for inspection at the office of Defendants' attorneys located at 305 North Front Street, Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date and time to be arranged between counsel: 1. All photographs showing, representing or purporting to show any of the vehicles, instrumentalities, locales, persons, property, injuries and any and all other matters related to the subject matter of this litigation. 2, All diagrams, sketches, drawings, plans, measurements or blueprints showing, representing or purporting to show any of the vehicles, instrumentalities, locales, persons, property, injuries or other matter involved in the incident which form the basis of Plaintiff's Complaint or cause of action. 3. All statements, including but not restricted to those defined by Pa. R. C. P. 4003. S, signed statements, transcripts or recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, injuries, or any other matter involved in or pertaining to this case. 4. All expert opinions, expert reports, expert summaries or other writings, and curriculum vitae as to each such expert or experts which relate to the subject matter of this litigation and the incident in question. S. All documents prepared by YOll or by any insurer (s) , representative(s), agent(s) or anyone acting on your behalf, except your attorney (s), during an investigation of any aspect 2 of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a respecting strategy or tactics. (NOTE: As referred to herein, claim or defense or "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections,. indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their behalf.) 6. I f not otherwise covered by the above Requests, the complete claimsjinvestigationjsubrogationjinsurance file(s) of your insurer (s), including but not limited to, your workers' compensation carrier, dealing with the incident in question, 3 with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents relating in any way to all injuries, damages and losses sustained by Plaintiff. This should include, but not be limited to bills, invoices, medical reports, medical records, receipts, hospital records, charts and x-rays, wage and employment information, and all other documents in any way relating to Plaintiffs' alleged injuries and damages. 8. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 9. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiffs in this action. 10. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 11 . All documents, including but not limited to, advertisements, circulars, brochures, pamphlets, leaflets, writings and other such promotional items any expert witness you have retained for use at trial uses and has used in the past to promote his services as an expert witness. 12. All financial records concerning the Plaintiff including but not limited to any and all tax returns, W-2's, and 4 other filings, employment records, and wage or salary information. 13. Any and all documents which evidence any facts on the basis of which it will be asserted that the Defendant caused or contributed to the happening of the injuries sustained by the Plaintiff. 14. Any documents identified in your Answers to any set of Interrogatories propounded by any party to this litigation, 15. All documents which would support any claims for injuries/damages averred in Plaintiff's Complaint. 16. All records regarding any treatment, consultation or- therapy for any psychological or psychiatric condition, injury or issue. 17. Any . document or thing obtained by subpoena or authorization. 18. Any other discoverable document or thing in your file, not specifically requested herein above. Respectfully submitted, THO~S, THOMAS & HAFER, LLP ::(/()(c:s- 355744,1 By: \ / ( /)~-7' / ~' {/'>/ rd I '-"'. C-rystal !H. Williamson, Esqu:t'f"e-- Attorney I.D. No. 91069 Attorneys for Defendants 5 CERTIFICA TE OF SERVICE I, Crystal H, Williamson, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E. Halbruner, Esquire Albert N, Peterlin, Esquire Gates, Halbruner & Hatch, P,C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP , .. 7 Date: .)11 c/ C .-) Crystal' '-Williamson, Esquire 1.0, #4-2 34' P. 0, Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7103 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Hamsburg, PA 17108 Crystal H. Williamson, Esquire cwilliamson@tthlaw.com Attomey I.D, 91069 717.237.7103 Attorneys for Defendants BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFF - SET I PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (3D) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories, If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including computer data, photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, computer discs, data cells, drums, diaries, logs, manuals, regulations, rules, forms and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or country); (2 ) A document: (a) its description (e.g. , letter, memorandum, report, etc.) , title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3 ) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and 2 (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. "Concern", "concerned", or "concerning" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. "You", "your" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. As used herein, the term "Statement" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially 3 verbatim recital of an oral statement by the person making it and contemporaneously recorded. STANDARD INSTRUCTIONS (1) Duty to answer. The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. With resp~ct to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. INTERROGATORIES 1. For each Plaintiff, state your full name, present address, date of birth, place of birth, social security number, employer (if applicable), and any and all addresses where you have resided for the past ten (10) years. ANSWER: 4 2. State the name(s), address (es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff(s) in this case. ANSWER: 6 3. With respect to each of the witnesses listed in Interrogatory No.2., please state the following information: a. His or her exact location at the time of the incident; b. His or her activities at the time of the incident; c. whether he or she actually saw the incident; ANSWER: 7 4. Except as set forth above, list the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiff's behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 8 5. Except as set forth above, list the names and addresses of all persons known or believed by plaintiff or anyone acting on Plaintiff's behalf, to have firsthand knowledge of the conditions at the scene of the incident existing prior to, at, or immediately following the incident. ANSWER: 9 6. Except as set forth above, list the names and addresses of any and all persons including potential expert witnesses, from whom Plaintiff, or anyone acting on Plaintiff's behalf, has obtained any information as to how the incident happened or the cause of the incident. ANSWER: 10 7. Do you have anything in writing by way of minutes, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to who has custody over the writing and/or document. ANSWER: 11 8. Do you have anything else in writing that was obtained as a result of your investigation into the instant incident by way of statements, reports, memoranda, testimony, or expression of opinion as to the instant case? If so, please identify and indicate who has custody of same. ANSWER: 12 9. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 13 10. State the medical treatment or procedures that have been performed in any connection with the injuries allegedly sustained in this incident. Please also state the name and address of any and all physicians or doctors who performed any and all procedures and the dates in which any and all procedures were performed. ANSWER: 14 11. Please state the name, address, and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which Plaintiff last consulted any physician for any type of physical complaint and the reason for such consultation. ANSWER: 15 12. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication, ANSWER, 16 13. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respects you have not fully recovered. ANSWER: 17 14. Has Plaintiff ever suffered from or received treatment for: a, double vision L polio b. blurred vision j . apoplexy c. instability of balance k. paralysis d. infection or disease l. heart disease of inner ear e. vertigo m. high blood pressure f. dizzy spells n. diabetes g. fainting spells o. brain or nervous disorder h. epilepsy p. muscular - disorder ANSWER: 18 15, If the answer to any of the items in the previous interrogatory is yes, for each such disorder, please state: a. A description of the disorder; b. The date of Plaintiff's last attack prior to the accident; c. The name and address of each medical practitioner or chiropractor who examined or treated plaintiff for the disorder; d. A description of the treatment Plaintiff received; and e. Whether Plaintiff was under treatment at the time of the alleged accident. ANSWER: 19 16, Have you ever suffered any injuries in any accident, either prior to, or subsequent to this incident? If so, please state: a. the date and place of such injury; b. a detailed description of the injuries received; c. the names and addresses of any and all hospitals or doctors rendering treatment; and d. the nature and extent of recovery and, if any permanent disability was suffered, the nature and extent of such permanent disability. ANSWER: 20 17. Please state for a five (5) year period prior to or at any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in answer to any of the preceding Interrogatories, ANSWER: 21 18. State whether you have ever received psychiatric or psychological care or treatment, and if so, state the following: a. the nature of the disorder for which you were treated and the name and address and specialty of the person treating you; b. the dates for which treatment was given; and c. whether you were ever confined to any institution for the treatment of such disorders, and if so, state the name and address of such institutions and the date of confinement. ANSWER: 22 19. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages lost and specify the source(s) of any and all lost wages. ANSWER: 23 20. Are you now receiving, or have you ever received, any disability pension, income, or insurance of'workmen's compensation from any agency, company, person, corporation, state, or government? If so, please state: a. The nature of any such payment; b, The date you received such income; c. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, the nature and extent of such disability; g. Whether you had any disability at the time of the incident referred to in the Complaint; h, If so, the nature and extent of such disability. ANSWER: 24 21. Have you made a claim for any benefits under any medical pay coverage or policy of insurance relating to the alleged injuries suffered in this incident? If so, please state: a. The name of the insurance company or organization to whom such claim was made; b, The date of the claim or application; c. The claim and policy numbers; d. Whether or not such claim was paid, and if so, the nature of the amount received; e, Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: 25 22. If you have engaged in one or n~re gainful occupations subsequent to the date of the incident, state: (a) The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; (d) The wage, salary or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self- employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident, and the amount of any earnings or other benefits lost by you because of such absence(s). ANSWER: 26 23. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 27 24, State whether any agreement, tacit or written, has been entered into by any person or entity concerning settlement, limitation of liability, or any relinquishment of rights concerning or related to the incident referred to in the Complaint. Please attach a copy of any agreements or releases to your Answers to these Interrogatories. ANSWER, 28 25. Was Plaintiff alleged accident? Yes such item, please state: carrying anything at the time of the No If yes, for each a. A description of it; b. The size of it, including its shape, length, breadth, depth, and weight; and c. Whether your vision was in any way obstructed by such item, and if so, the extent of the obstruction. ANSWER: 29 26. Set forth the precise time, date and specific location where the incident involving Plaintiff allegedly occurred. ANSWER: 30 27. State specifically and in detail how the incident, that is the subject of the Complaint, occurred. ANSWER: 31 28. As to each condition or defect, which you contend caused the alleged accident, state: a. a description of the condition which made the premises dangerous; b. each fact which indicates the length of time the condition had existed prior to the accident; c. each fact which tends to show that the Defendant knew or should have known, of the condition; d. whether you knew of the condition before the accident, and if so, the manner and time you acquired such knowledge and any acts performed by you to avoid the alleged accident after you acquired such knowledge; and e. if you did not know of the condition before the accident, why not. ANSWER: 32 29. Set forth the specific acts of negligence (either omission or commission) that you contend were committed by the Defendant. ANSWER: 33 30. If the alleged accident involved any object, thing, vehicle, equipment or property, state the name, address, and owner thereof. ANSWER: 34 31. If you contend that anyone other than the owner had any such interest, custody, or possession or was in charge of such premises, area, location, object, thing, vehicle, equipment, or property, state the name and address of such person, firm or corporation, and the nature and extent of such interest, custody, possession, or charge. ANSWER: 35 32. State whether you contend that the Defendant was open for business at the time of the alleged occurrence and the facts upon which such answer is based. ANSWER: 36 33. State whether you contend that any officials, agents, servants, or employees of Defendant observed Plaintiff when the alleged incident occurred or observed Plaintiff following said incident and identify by name, address, and position. ANSWER: 37 34. State whether Plaintiff or any persons accompanying Plaintiff, spoke to any officials, agents, servants, or employees of Defendant, following said fall, and if so, set forth what was said by Plaintiff or persons accompanying Plaintiff and said persons. ANSWER: 38 35. With regard to Defendant's premises: a. Why did Plaintiff enter thereon? b. What business did Plaintiff have thereon? c. Did anyone invite Plaintiff thereon, and if so, give the persons name, address and position; d. How long was Plaintiff present on the Defendant's premises before the alleged incident? e. State what right, if any, Plaintiff had to be on the Defendant's premises; f. Where was Plaintiff going at the time of the alleged incident? g. Where was Plaintiff coming from at the time of the alleged incident? h. State the number of times Plaintiff had previously been on Defendant's premises and the purposes for which Plaintiff entered thereon previously; and i. The weather conditions at the time of the accident and for a 24 hour period prior to the accident. ANSWER: 39 36. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 40 37. Please identify each document which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 41 38. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; c. a summary of the grounds for each such expert opinion. ANSWER: 42 39. please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 43 40. Admissions. If you intend to use any admission(s) of a party at trial, identify such admission{s) . Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~il'-!cs 355721'.1 / BY./ {t. r~7-h /' L...----___~_ ~cryst"J, H. ~i~i(.amson, Esquire ----,- Attorpey I.D. No. 91069 " Attorneys for Defendants 44 CERTIFICA TE OF SERVICE I, Crystal H. Williamson, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E. Halbruner, Esquire Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Date: ;-j'c(c5 " THOMA~, THOMAS & HAFER, LLP / (t....), 1 1-. C 5tal H. W IHamson, Esquire I.D.#4283 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7103 '- '- ATTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER LLP www.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, P A 17108 Street Address: 30S North Front Street, Harrisburg, P A 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Crystal H. Williamson (717) 237-7103 cwilliamson@tthlaw.com June 30, 2005 Mark E. Halbruner, Esquire Albert N. Peteriin, Esquire Gates, Halbruner & Hatch, P.e. 1013 Mumma Road Suite 100 Lemoyne, P A 17043 Re: Betty I. Palm v. Crown American Properties; Crown America; and Capital City Associates No. 02-5702 Our File No. 132-41799 Dear Mr. Halbruner: Interrogatories and Request for Production of Documents were served on you by way of correspondence dated May 9, 2005. To date, I have not received any responses thereto. If you could please advise as to the status of those responses and when I might expect them in my office, I would greatly appreciate it. In the event I do not receive answers or any indication from you as to the status of same, within the next two weeks, I will take the steps necessary to compel your responses thereto. If you have any questions or comments, please do not hesitate to get in touch with my office. Very truly yours, CHW /jlk:328454.5 THOMAS, THOMAS & HAFER, LLP C",.oI H. Will;=!: / Bethlehem Office + 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 + Phone: (610) 868-1675 + Fax: (610) 868-1702 Pittsburgh Office + 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 + Phone: (412) 697-7403 + Fax: (412) 697-7407 CERTIFICATE OF SERVICE I, Crystal H. Williamson, Esquire, of the law fjrm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E. Halbruner, Esquire Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 By: T~S, THOMAS & HAFER, LLP U~~( ") Crystal ~iIIiamSOn, Esquire 1.0.#91069 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7103 ~:a~~:_1 1!2{f~ 2 ...., ~ = = ;::: "'" -'-1 j .~, (I) ~;!J ?~S' rrl ""'t:) .- C~>:: N ~ r-:"t N So .c' -,.. -c "'l>; ", -0 '5~1 ?>-c :J: ~;-rt) );;c: ":';) ~-:o:;rn ;=i ~ " W Xl -~ CO -< BETTY L. PALM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN CIVIL ACTION - LAW PROPERTIES; CROWN: AMERICA; AND CAPITAL CITY : JURY TRIAL DEMANDED ASSOCIATES, Defendants ORDER OF COURT AND NOW, October 4,2005, upon consideration of Defendants' Motion to Compel Discovery, a Rule is issued upon Plaintiff to show cause why the relief requested should not be granted. Rule returnable within twenty (20) days of service. ~rk E. Halbruner, Esquire Albert N. Peterlin, Esquire Gates Halbruner & Hatch, PC 1013 Mumma Road Suite 100 Lemoyne, PA 17043 ~ For the Plaintiff te:rystal H. Williamson, Esquire Thomas, Thomas & Hafer, LLP PO Box 999 305 North Front Street Harrisburg, PA 17108 For the Defendants By the Court, ~ esley Oler, ;~ 1f0~ {) , } 62 :5 \j\! 11- DO saul AdV1C:;\JCil-t~U~0d 3\-li :10 38lUD--Q:llL.J .I)...>- "" .IAN 0 6 LUllS ct BETTY I. PALM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this '1 f{ day of T l \T7 , 2006, upon consideration of Defendants' Motion to Compel Discovery from Plaintiff, it is hereby ORDERED that Defendants' Motion is GRANTED and Plaintiff is directed to answer Defendants' Request for Production of Documents and Interrogatories within twenty (20) days of the date of the Order or se IJfoeluElgd frnm p' "'" 'ing her claims. ~ BY THE COURT: / / 'j, 0--,. f' ,~.. \ . .... . D ci1 t:: r, 1:-' ~ ~ ~!! f~ } ~ ilf ~ I' i'.J:, ,c.:~ ,',l:.~\r) .- '11'_ ""i-' .(' LU :-1.:1 'I..' '._...' --n-t . '....rr ":1, C} nj )vV" : 'i.,,~ l :!D ~.lt '._ - THOMAS, THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Harrisburg, PA 17108 BETTY L PALM, Plaintiff Crystal H. Williamson, Esquire cwilliamson@tthlaw.com Attorney 1.0. 91069 717'237,7103 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 02-5702 CROWN AMERICAN PROPERTIES; CROWN AMERICA; and CAPITAL CITY ASSOCIATES, Defendants CIVIL ACTION - LAW JURYT~ALDEMANDED PETITION TO MAKE RULE ABSOLUTE AND NOW comes Thomas, Thomas and Hafer, by the undersigned, to request the Court make the Rule absolute in the above case and avers the following: l. By Motion filed on September 21,2005, Defendants sought a Court order compelling Plaintiff to respond to discovery requests served by Defendants on May 10, 2005, 2. This Honorable Court issued a Rule on Plaintiff dated October 4, 2005, to show cause why Defendant's request should not be granted within twenty (20) days. 3. No response or opposition was filed to the Rule. WHEREFORE, Defendant respectfully requests this Honorable Court to make its Rule absolute and to issue an Order compelling Plaintiff to provide discovery responses within twenty (20) days of said Order in the above-captioned case, or be precluded from pursuing her claims. Respectfully Submitted, TI:IPMAS, THOMAS & HAFER, LLP By: , I ,/ L (<J t?L( L'--- \ Peter, Speaker, Esquire 1.0 #42834 (717) 255-7644 Crystal H. Williamson, Esquire 1.0.#91069 (717) 237-7103 305 North Front Street P. O. Box 999 Harrisburg, PA H108 ~." -. < - -.--" DATE: (Z/JrJ/oS 2 CERTIFICATE OF SERVICE I, Crystal H. Williamson, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mark E. Halbruner, Esquire Albert N, Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 THQMAS, THOMAS & HAFER, LLP -. DATE: IZ/solo S 399499,1 / . By: ( <- /1 '-erysta~'H. i1liamson, Esquire 1.0.#1 69 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7103 ---' 3 .- , r-..~" .,;~ ,:~.,..... <- ::!~,. :;t: I s;-- ~ .-1 -r: ..,-- \~i' r-~' -or- -0' (,~}, j'''''' ( --~. -,.'" - -" " .~- -. , \. Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BETTY I. PALM, vs. : CML ACTION - LAW CROWN AMERICAN PROPERTIES, : NO. 02-5702 CML L.P., a Umited partnership, CROWN AMERICAN CAPITAL CITY ASSOCIATES, L.P., a Umited partnership, and CROWN AMERICAN CAPITAL CITY ASSOCIATES, a business trust, Defendants. : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as settled and discontinued. Respectfully submitted, GATES, HALBRUNER & HATCH, P,C, By: ~c:Q/c? Mark E. Halbruner, Esq, Attorney 1.0. #66737 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 (717) 731-9600 (Attorneys for Plaintiff) Date: <;? /~o/Ok , " '. CERTIFICATE OF SERVICE I, Mark E, Halbruner, of the law finn of Gates, Halbruner & Hatch, P,C" hereby certify that I served a true and correct copy of the foregoing document on this date by First Class mail to the following: Crystal H, Williamson, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor HarrisburgPA 17101 (Attorneys for Defendant) GATES, HALBRUNER & HATCH, P.C, By: ~~ ::y; ef7 Mark E, Halbruner, Esquire 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Telephone: (717) 731-9600 (Attorneys for Plaintiff) Date: Rhob~ () ~;; ,", ! C c'.:':: ~ ,-( ," J' ,.." = = en :> c:-~: 'n w o -n ~'Tl nl-- -oF.> CC,C (-,1 -:::,(-) ;,,'S=G ;.0 Orn -"I .53 -< -u -:..,. '-;..~ w CO