The URL can be used to link to this page

Home My WebLink About98-02354 ...... ~ \lil ~ "'i < :J, ~~I <;:t 1', ~ ~ ~ ~\ ~ ~ i.t 1. ~ ~ " . . ;) . ... ~ ~I tf')1 f"'( , ~j ~' ., ANTHONY STEFANON A"/UHNEY AT I.AW 407 NOIIT/I I'HONT STHEET POST OI'I'ICE 1I0X 12027 UAIUUSIIUllG. I'I\NNSYI.VANIA 171OH<2027 ' EVELYN FUGLESTADr Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. f ~ ~.- oJ?,r,t! (~L~<C L CIVIL ACTION - LAW vs. PENNSYLVANIA REAL ESTATE INVESTMENT TRUST, Defendant JURY TRIAL DEMANDED PRAECIPE fO ISSUE WRIT OF SUMMONS TO CURT LONG, PROTHONOTARY OF SAID COURT Issue a Writ of Summons against the Defendant above named, and deliver that Writ to the Sheriff of Cumberland County for service on the Defendant at the address set forth below: PENNSYLVANIA REAL ESTATE INVESTMENT TRUST c/o Camp Hill Plaza Apartments 115 May Drive Camp Hill, PA 17011 By re Front Street 17108-2027 DA'l'E: /-(tf- ?~ I, ~~')\~ ~ .J\ ~ .,- ~ ~.~ & ",::::: '-.N ~ ~ J ~\ ~, c,,~ ,-I '? h ~ V> ! I. I- ,;.. ! 11 II [') .0 ~ C 0) ;:t'" ." }D ". .,.) [1'1 T. '''0 'T,.~ 't.; :J'< ',U 11- ,;_c N ."r~ ~~! ~':,; .-1 ~~'j C ell.. ~~: ~..1 ::'(~ ,el"j ?8r.j , -'r \:!h :.., i"':i1Ti :z:- .. ,'I 'on ,- :.~ :ll (;.:l ~: I () H>tI t1:I , - ~., ~, ::t ~ <1 I <1 <1 tl ro I ~ oS ~, ~ ::l f-' \tl f-' lJ) III ~ co 1 ... 'W?J rt '<1 I J ~ Sf-' I\J t~!I 0 r ~ <i 'TJ W rt ::J III ~ lJ1 I ~. rttl lQ oj> 10 ~. f-' Ifl I~ ~Ill - ~ n a :<I lJ) ~. JI rt- rt <i . It"' lJ) ill III ~. I ~ f I~ rtlll 0- f-' I S' f-' >-l tlj ~ I III ~ I rt III r I n' I ~ 1 /1 , . 'Ii 8 U) ~ \~ .-t,t" (XI " allrJ 1= f= -:1 ~;iJJ i11;1,) .L'. --, N 0)~ ,&." T'~ r,:'!(:.; 1) - (') ~~~;~) ..t:t eJ< '1~ 'J ~t:: ;;)~ ..~~ W .. 6' 1 .~ .-.I ,. (,,) ."\"IO ~ p. ~ 'rw .,"" :;.. ~ I "O/,l'J 9),; 2e: N (I)"". ~ v ~..~' .~ C;:;t) .,., , , /;(') :J: " '[ "l" ~<;.--:J I 'j (;if ~'r,:, W ._, .. .,!~ ~ ;:t C'"" ~ ~ Ii ~~ \~~ 4f" \ (\& <;-..... eI.,>: ,\ ~ '? ~ ~~ ~ ~ ~ 0 CO -:;;. -0\;1> r. ",\ 'l- ~ ~ ~ ~~ '" o""~,,II!~ \ \ ~'- ~ o~ '\ ~.. ~ ,1>~. , "'~~ ^' 'l> ~~'l- \,,,,, ~~ ~\~~ ~. ~ J....If'~" ~~ ~<:; ~. ~ o 'l-1!'" . ,'" '" 1! V. ~ '0 '" / ",'Ii<., .. /. ~ '" q, · ~ v\. < '0 · Q, '\ "" '\~ \ Q, '", '\: ':>,. ~ '~< ,'*... ",~. 'l '\~ '" ., o~ <). \ ~ q,. "'.Y.'\.~ ~ ~ ~ ~, \.. 0"" "q,~'" . . '~~~ '" \'1. ... ~ '> >0 ,... '" 'Ie "b ~ "'~. 1" ...... '^ '0 Q, \"" ~ 'l>:" ' ,,'\. "", ",,, r. - .' \ \ .~~'\- /, '\ \ \<~ ~~ \~~~ ~~""~ ;\ "(1':.0 <" &- 1. 1-,0"" &., \" .,? IS' 'e., '" .-& ~ >r '" dJ \\ '\ \, ~~< "'\\i~ \i \~'l-", \ \ ~ )~. < \.'\ \'<) . \ 'l<: 1>" ,\.."",/~ ~ Q, \ q, ","< ~ '0 '<- .. ~ '\ ""- ....... '" 't! ., .. ~ ., ~ "" & ~ .~ V" 1> . ~ ..' '1,,' ~ '\ ~ '" ~ '0 "lo ~ '" .' ,~... .<t<;-.~.-.: \\.~ ", ~~ \~~.. ~ ..~ ~~". ,,~~\ . < ,. 'j."' "\ \:..... ~...~ / ~~<;-.......~ ~\ ~,p ~~ ~ .. ~'\ ~ ~ ~~ "<1\ ~ ~ \. ~ ~ ~ '\ '\ ~ ~~ ~ ~. ~ ~ , \ ~ ~ 9f..o ......?\, ./ ~ ''\ '\ ~ & 't . ,~ A ~ ., A kr ~~ ...~' 'S'Jl ~ '1b 4'-'.:, ~~ ~~ 'S'~ ~ ~~ l' ~ " .' .' .' '" ,. .lit "6 ~ " ~" .,. , " ... ..' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA.Nb IN THE MATTER OF, COURT OF COMMON PLEAS -VS- CASE NO, 98-2354 PA REA!. ESTATE INVESTMENT TRUST NOTICE-9F INTENT T9~ERVE A SUBPOENA TO PRODUCE DOCUMENTS HOLY SPIRIT HOSPITAL. HOLY SPIRIT HOSPITAL HEALTHSoUTH REHAB. OF MECHANIC GREG EHGARTNER MD MEDICAL X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAl. RECORDS & XRAYS TO, HOWARD D. KAUFFMAN, ESQUIRE* ANTHONY STEFANoN, ESQUIRE MOS on behalf of TIMDTHY_J. MCMAHON, ESQUIRE 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 1,009.24. Complete copies of any reproduced records may be ordered at your expense by completing the att.ached COunsel card and returning SllDle to MCS or by contacting our local MCS office, DATE, 8/.13/98 MCS on behalf of CC, TIMOTHY J. MCMAHON, ESQUIRE _ 21253-FUGLESTAD TIMOTHY J. MCMAHON, ESQUIP~ Attorney for DEFENDANT Any questions regarding this matter, Contact THE MCS GROUp, INC. 1601 MARKET STREET #800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-071474 15l5~.1.5_C02 ANTHONY S'I'I!I'ANON A'nOIlN'''' AT I.AW .107 N( lllTl1 1'1(( lNT STIlEIT 'If lST (lFIII( ;I~ II< J;\; I..!Ol7 "AIlIlI.~1I1 1111 1, I'I':NNSVI.YANIA 1'7lllH,,!lI27 EVELYN F'UGLE:STAD, IN THE COURT OF' COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA PlaintIff v. NO, 98-2354 Civil PENNSYl,vANIA REAL ESTA'l'F; INVESTMENT TRUST I CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEIl:N SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you fuust take action within twenty (20) days after this Complaint is served, by entering a wri t ten appearance personally or by attorney and filing in writing with t.he 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 t.o you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 '/ 4. At all times relevant hereto, Plaintiff leased Apartment 4 located at 105 May Drive in the Camp Hill Plaza Apartment Complex, 5, Defendant. owned, operated, and maint.ained for t.he use of its tenant.s certain common areas including parking lot.s, ramps, sidewalks, and walkways associated with t.he Camp Hill Plaza Apartment Complex, 6. The aforesaid common areas included a cert.ain parking lot located between Buildings 105 and 107, on November Drive, which parking lot. had a ramp constructed and maintained by Defendant providing access to a sidewalk leading from the parking lot to the Camp Hill Mall. '7, Plaint.iff believes and ther8fore avers t.hat Defendant constructed and maint.ained the parking lot., ramp and siqewalk, for the purpose of providing access for its tenants to the Camp Hill Mall property, 8, The aforesaid ramp from the parking lot to t.he sidewalk was an artificial condition on the land created and maintained by the Defendant; and intended by the Defendant for the common use by its tenants including Plaintiff. 9, On August. 1'7, 199'7, while attempting t.o ascend the ramp from the parking lot to the sidewalk, Plaintiff slipped, t.ripped, and fell, suffering grievous injuries to her person including a closed fract.ure of t.he right shoulder; a closed fract.ure of the 2 . lateral orbit of the right eye; an open wound of the right temple) and facial contusions with periorbital hemorrhage, 10, The ramp from the parking lot to the sidewalk, as it existed on August 17, 1997, was unreasonably dangerous and defective and presented unreasonable risk of harm and injury to the person of Plaintiffs and to persons similarly situated. 11. The Defendant acting through its servants, agents, employees and representatives was responsible for the design, installation, engineering, Inaintenance, and repair of the ramp, and caused the dangeroLls condition of the ramp to exist at the time and place aforesaid, 12, Defendant had actual or constructive knowledge of the dangerOLlS, defective and hazardous condition of its premises. 13, The injuries and damages suffered by Plaintiff were caused by the dangerous, hazardous, and defective condition of the Defendant's premises. 14. As the result of her injuries, Plaintiff underwent an extended course of in-patient and out-patient medical care and treatment, including extended hospitalization; doctors' care, and physical rehabil itation, all of which have resul ted in medical expenses in the amount of $16,833,67, which expenses will Continue to accrue in the future, 15. As the resul t of her inj uries, Plaintiff has suffered grievous injury to her person, has endured mental and physical 3 (') '.0 r) ~' Cf.) '11 ,I_ '0 li~' \" j ,'1'1 ~2 \'j '0 1"\ ''1 , ~i F' ~<' \. ;0 I \'I (il!" .\~" :~..) \:( ,;;,~. . ,,; C,) , .l(l '~f.l ~ : , "f :(: Co ~..'.;.~ :.''',.j ';.;1 {,.\ ,f::. C) -"1(1 .'; N ....' c,: t.) .. ",I 0--3 ~<j) ~'5 .... (';0 "",' , o C ..t. [f/,L (,;::' C~,l:.. t~,' .~. C) ;1:::((\ :',~~ :~:(> .... ~~; ~ ,.< ,,0,) IX> 22 r); II J ;,,2) ,'. .i,':C/J . .l,I J'-r' ,'j:r! " (' c~j ,,1 ,-., ,r. ...'IJ -; '" ''1 '0 ''-) .r;" therefore, the same are denied with strict proof thereof required at trial. 8. Denied, Paragraph 8 and its averments contain conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial, 9. Denied. Paragraph 9 and its averments contain conclusions of law to which no response is required and therefore, the same are denied wi th strict proof thereof requit'ed at trial. 10. Denied, Paragraph 10 and its averments contain conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial. 11. Denied. Paragraph 11 and its averments contain conclusions of la.w to which no response is required and therefore, the same are denied with strict proof thereof required at trial. 12. Denied. Paragraph 12 and its averments contain conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial. "2- 13, Denied, Paragraph 13 and its averments contain conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at tri.al. 14, Denied, Paragraph 14 and its averments contain conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial. Moreover, Paragraph 14 is denied as Responding Defendant lacks knowledge sufficient to form a belief as to the trut.h of the allegations contained in Par'agraph 14 and therefore, the same are denied with strict proof thereof required at trial. 15. Denied, Paragraph 15 and its averments contain conclusions of law to which no response is required and therefore, the same are denied with strict proof thereof required at trial. Moreover, Paragraph 15 is denied as Responding Defendant lacks knowledge suffici.ent t.o form a belief as to the truth of the allegations contained in Paragraph 14 and therefore, the same are denied wit.h strict proof thereof required at trial. WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff together with all costs chis Honorable Court deems appropriate. "3- NBW MATTIllR 16. Plaintiff has failed to state a cause of action upon which relief can be granted. 17. Plaintiff's claims are barred and/or limited by the Pennsylvania comparative n6gl igence rJtatute. 18, Plaintiff, knowingly and voluntarily, exposed herself to an open and obvious injury and therefore, is precluded from recovering damages in this action for the injuries described in her Complaint, 19. Answering Defendant breached no duty of care owed to Plaintiff under the circumstances described by Plaintiff in het Complaint, 20, Plaintiff's claims are barred and/or limited by the doctrines of res judicata and/or collateral estoppel. 21. Plaintiff's injuries and/or damages, all such injuries and/or damages being expressly denied, were caused in whole or in part by acts and/or omissions on the part of third parties over whom Defendant had no control nor right of control, 22. Defendant's Complaint and the claims set forth therein are barred by virtue of Plaintiff's execution of a lease containing a waiver of the right to sue clause at the time of the leasing of her property and/or apartment. -4 - I [ I I I I I YERlElcAIl.ml The undersigned hereby verities that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon infonnation which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit, The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own, I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon infonnation which I have given to counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the contents of the Answer with New Matter to Plaintiff's Complaint, are that of counsel, I have relied upon my counsel in making this verification, The undersigned also understands that the statements therein are made subject to the penalties of 18 PA.C.S. Section 4904, relating to unsworn falsification to authorities. Dated; IP~Y . , ,1998 Title: Director, Risk Managemept ANTHONY STEFANON A'n'OIlNHY AT lAW 107 NOIITII rl{ONT STlUmT POST OPPICE BOX 12027 IIAIUUSBUIlG, PENNSYI.VANIA 171OH.2027 ' --- 'w~ EVELYN FUGLESTAD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 98-2354 Civil VB, PENNSYLVANIA REAL ESTATE INVESTMENT TRUST, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO CURT LONG, PROTHONOTARY OF SAID COURT Mark the above-captioned matter settled and discontinued, B}\ Street 17108-2027 DATE I II-$() .? fj ,