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HomeMy WebLinkAbout00-05616 ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE SPRINGFIELD, PA 19064 (610) 338-0338 107 P1aintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Shelby Insurance Companies 3760 River Run Drive Birmingham, AL 35243 DIVISION VS. TERM Defendant(s) NO.OO -SI-Jf.. Oo~t. ~ Carlisle Productions 1000 Bryn Mawr Road Carlisle. PA 17013 NOTICE TO DEFEND You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement 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 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. Lawyer Reference Service for Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 r- -,1 I"~ ~ . PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELO, PA 19064 (610)338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMINGHAM, AL 35246 COMMON PLEAS COURT OF CUMBERLAND COUNTY Ct.;;.e -r.ljAA- NO. fJ1J - Sf, It. VS. CARLISLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLISLE. PA 17013 CIVIL ACTION COMPLAINT The plaintiff, Shelby Insurance Company, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: 1. The plaintiff, Shelby Insurance Company is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at P.O. Box 43360, Birmingham, AL 35243. Plaintiff brings this action as subrogee of Harry Miller, (herein the "Insured") under a policy of insurance # R8567575, issued by Plaintiff. 2. The Defendant, Carlisle Productions is a corporation organized and existi,ng under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1000 Bryn Mawr Road, Carlisle, PA 17013. 3. At all times hereinafter mentioned the Defendant owned, managed, was in possession, maintained, controlled and operated the Carlisle Fairgrounds. 1 !~:-- ,'oc____~_._'"--~""" <:.", -- ". _, ".' _c, .'.,_", "'7"'''__ ._e_,_",," - - -i __,_,,-!,~ ,-. " ~ 4. At all times hereafter mentioned that the Defendant, Carlisle Productions was engaged in the business of arranging, scheduling, advertising, controlling and sponsored events at the Carlisle Fairgrounds in Carlisle, Pennsylvania and did arrange, sponsor, schedule, advertise and control an automotive swap meet and vintage car exhibit with numerous vendors. 5. At all times hereinafter mentioned Defendant acted through its workman, agents, servants and employees, then and there engaged in the business of the Defendant within the scope of their employment. 6. On or about October 1, 1998 at or about 8:30 a.m., during the swap meet, Freeman Buzzell, suffered injury to his left foot which was run over by the wheels of a dolly which was attached to the rear of a truck owned and operated by Plaintiff's insured, Harry Miller. 7. The aforesaid occurrence was due to whole or in part of the negligence of the Defendant, Carlisle Productions in that it: a. failed to provide pedestrian walkways; b. failed to leave sufficient room for vehicles to pass through; c. failed to make the fairground safe for pedestrians; d. failed to provide adequate room for vehicles to maneuver; 2 '-'.,-. -',-,' .""'r.,-',-,, .. "1~- -'<c' - -. . I' -' ^ -:71' 1'- , ~ n, e. failed to keep the area in a reasonably safe and secure condition for use by the public invited to the property; f. allowed a dangerous condition to exist; g. failed to warn the dangerous condition which was in existence at the property; h. failed to comply with appropriate permits, codes, standards governing the area were the incident occurred; i. failed to satisfy its duties owned to the public and invites invited onto the premises for business purposes; j. failed to make reasonable and proper inspection of the area where Freeman Buzzell was injured to determine whether or not the area was safe for pedestrians; k. allowing and permitting pedestrians and motor vehicles to use the same area for movement; 1. allowing and permitting vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles. m. violating the ordinances of the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania and otherwise being negligent at law; 8. By reason the negligence of the Defendant, Freeman Buzzell sustained serious injury to his left foot, as a result of which, Plaintiff paid the claimant the sum of Twenty One Thousand and 00/100 ($21,000.00) Dollars. 3 '!i,~ , --0 ~,_~ ,_ ,~,~_=_._"\"_,~,,. 0."'....< .,,, -.-'i'-"<" "r 9. The Defendant knew, should have known or in the exercise of due care could have known that the fairgrounds would be used by motor vehicles and pedestrians. 10. Defendant had actual knowledge and notice of the condition refereed to herein and same existed for so long of a period of time proper to the happening of the occurrence herein alleged so that the Defendant in the exercise of due care should have or could have knowledge or notice of the existence of the condition. 11. Defendant is either solely liable, jointly or severally liable, or liable over to the Plaintiff for actual, implied or equitable indemnity, full indemnity, subrogation or contribution with respect to the loss sustained by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant in Dollars together with costs of suit. an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) ~vl.&~ ~ . 'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF 4 1-.. - -'._<""" l- '.'H_".- "'", .;-' ~" . ,;. .....,-' V E R IF I CAT I ON MARTHA ALLEN, SHELBY INSURANCE COMPANY, Plaintiff in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: '7;3r~oo ~~ MARTHA ALLEN 5 '--.',", '. -. ".,<: - -, ~- - " SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v, CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of Defendant, Carlisle Productions, in connection with the above-referenced case. DATE: yf;)'1/o0 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: {(;. n T 100 Pine S eet - 4th Fl. P.O. Box 803 Harrisburg, P A 17108-0803 I.D,52918 (717) 232-9323 ATTORNEY FOR DEFENDANT " " I,' -~,' CERTIFICATE OF SERVICE I, MelissaM. Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thi~ Lj :my of August, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 107 Springfield, PA 19064 ~ t1J1,/~ MEL SSA M. KAIN " " -~ -1 - ~.~. - ~.."..". . , -"." '._'-~""'~"""~~ ~~ ~ 0,0 . ~- ,_ ",oR'-' ,,- '.. .-~~ ~, (") r- '-- ? n'2cCC rp: ~';i_: G';::;';- I~: 7..: -I -< "=e~ ~~-rtr~jI'~~!'R~~~~!lffi__ ~ _~ 1ll"J1...,...,. " C) c.:::.:' n. '- ,:<) "'..) 0.:1 -.) "'-1 i'0 fJl c.5: "'1 -:;;! :;,7 -<: ""'t'~_'~ ~,,",; '. 11. Defendant is either solely liable, jointly or severally liable, or liable over to the Plaintiff for actual, implied or equitable indemnity, full indemnity, subrogation or contribution with respect to the loss sustained by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant in Dollars together with costs of suit. an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) ~J ~7fif~ / PA F.{J, MILlO, ESQUIRE ATTORNEY FOR PLAINTIFF 6 C.'''~~l :.1Il!11 ~~~,-, .~, ~~ " ""'....~~~- ~ ~~"~,_. ",=~~""~'"t 09/25/00 14:49 FAX 205 9703180 VESTA/SHELBY ~002 . : V E R I F I CAT ION {l",,~€\\e VW"<1-€ ' ~IllI. l.L:D'SN, SHELBY INSURANCE COMPANY, Plaintiff in the above captioned matter verifies that the facts contained in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~rfJD l~ : r lMC'I'IJ:A Ai:.IilJN 1C1f!!!? m, cln-e/le (,.eorrve DATE: -.9 OSm :'-'i , i" i'< :1 II , i:i I 'i ;; i; i , , (! Ii :i II '-, :<1 , ~ - i "i ii 7 :';"--'-~"-~ ~, ~~- ~~ " , ~w . ~, ~"""~" <- "I~"'lII!"O ~ C,,,,,,,,..,,,,.,,,,, "- !n"";._',t,", ",," ~-~ ,',"''',,,,, --, = o c: .... vc}j r'ilrn Z:J.~.~ -/~ , (7)~-: ~"" <<0 yO Z',..:;. __,"-.1 ):>c Z ~ ~~ . .:W:~'\I''!WW~'''~li'!tn''l'l'ii/'[~V"~1 _0, r, D ,,/) ~, c'''J ~J (;0 -U .-:.' -~~'. ~~ "T' " , ::-......, r:-? """ ,,, ~_.....:'rC) . i-:::"'; '~;~ :'i( ~, "~'-,~!~-I' . "---.'.~2:. SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v, CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 ORDER AND NOW, this _ day of , 2000, upon consideration of the preliminary objections of Defendant Carlisle Productions to Plaintiffs Complaint, it is hereby ORDERED and DECREED that paragraph 7( c), (t), (h), (i) and (m) are hereby stricken from Plaintiffs Complaint with prejudice, BY THE COURT: 1. I ! I (,;e, . ~" , ^.' '--,~ -. " J"",,-.- ,0: ,,_'_!:"", ,_-,~_" ,~__," " '_" "k___~. _"" _ ._.~,_n___ ,,' -, \05_ A\LIAB\TJM\LLPG\55538\MMK\11O 12\50000 SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v, CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 PRELIMINARY OBJECTIONS OF DEFENDANT CARLISLE PRODUCTIONS TO PLAINTIFF'S COMPLAINT PURSUANT TO Pa.R.C.P. l028(a)(3) 1. Plaintiff, Shelby Insurance Companies instituted this action by filing a Complaint on August 14,2000. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A". 2. Defendant Carlisle Productions was served with Plaintiffs Complaint on August 16,2000 and accordingly these preliminary objections are timely within the meaning ofPa.R,C.P. 1026. 3. In its Complaint Plaintiff alleges that it is the insurer of one Harry Miller and seeks subrogation because it has paid $21,000,00 to one Freeman Buzzell as a result of personal injuries allegedly sustained by Freeman Buzzell on or about October 1, 1998 at the Carlisle Fairgrounds. See Exhibit "A" at ~~ 1, 4, 6 and 8. 4. Plaintiff contends in its Complaint that Defendant Carlisle Productions owes contribution and/or indemnification to Plaintiff and in support of these allegations alleges that negligence on the part of Defendant caused in whole or in part the injuries allegedly sustained by Buzzell and which Plaintiff alleges it has paid. 5. More particularly, in ~ 7 of the Complaint Plaintiff alleges that Defendant was negligent in one or more of the following particulars: -qO!i!!!II ". ,~, - . ", ~ (c) failed to make the fairground safe for pedestrians; (t) allowed a dangerous condition to exist; (h) failed to comply with appropriate permits, codes, standards governing the area where the incident occurred; (i) failed to satisfy its duties owned (sic) to the public and invitees (sic) invited on to the premises for business purposes; (m) violating the ordinances of the city of Carlisle, County of Cumberland, Commonwealth of Pennsylvania and otherwise being negligent at law. 6. PaRC.P. 1019(a) requires a party to plead with factual specificity material facts on which a cause of action is based. Pa.R.C.P. 1028(a)(3) provides a basis for a defendant to submit preliminary objections challenging the factual insufficient specificity of a pleading. 7. Defendant respectfully submits that the allegations set forth in Plaintiffs Complaint at ~ 7(c), (t), (h), (i) and (m) do not comply with the factual specificity requirements ofPa.R.C.P. 1019 as construed by the Pennsylvania Supreme Court in Connor v. Alleghenv General Hospital and accordingly Defendant respectfully requests that this Honorable Court grant its preliminary objections and strike ~ 7( c), (t), (h), (i) and (m) from Plaintiffs Complaint with prejudice. 2 -:""" ~~ , '" ~'!\'''!!'''''" WHEREFORE, Defendant Carlisle Productions respectfully requests that this Honorable Court grant its preliminary objections and enter an order striking with prejudice ~ 7(c), (t), (h), (i) and (m) from Plaintiffs Complaint with prejudice. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, DATED: q-j-OO BY: Timoth~ I Mahon, Esquire 100 Pine Street - 4th Floor P.O. Box 803 Harrisburg, PA 17108 I.D. No. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANT 3 .J,!j - ."" ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P1aintiff(s) Shelby Insurance Companies 3760 River Run Drive Birmingham, AL 35243 : DIVISION : VS. : TERM : Defendant (s) : NO.OO-Slt,1),. a(.);(~ Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 NOTICE TO DEFEND You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement 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 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. Lawyer Reference Service for C1.UIIberland County C1.UIIberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD In Testlmollywhareof,l hereunto Sit my hand aM the seal of said Court at carlisle. Pa. ~~~~~A4~ onotary i_U', "~ , '~ -C'"' ,. _..,_"~. .~.~" ,'~"'.'F_"_~_' \ PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610)338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMINGHAM, AL 35246 NO. VS. CARLISLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLISLE. PA 17013 CIVIL ACTION . COMPLAINT The Plaintiff, Shelby Insurance Company, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: 1. The Plaintiff, Shelby Insurance Company is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at P.O. Box 43360, Birmingham, AL 35243. Plaintiff brings this action as subrogee of Harry Miller, (herein the "Insured") under a policy of insurance # R8567575, issued by Plaintiff. 2. The Defendant, Carlisle Productions is a corporation organized and existing under the laws of the Com:r:om<!ealth of Pennsylvania having its principal place of business at 1000 Bryn Mawr Road, Carlisle, PA 17013. 3. At all times hereinafter mentioned the Defendant owned, managed, was in possession, maintained, controlled and operated the Carlisle Fairgrounds. 1 .''':fi ~ " "."- - .~....,.,.. 4. At all times hereafter mentioned that the Defendant, Carlisle Productions was engaged in the business of arranging, scheduling, advertising, controlling and sponsored events at the Carlisle Fairgrounds in Carlisle, Pennsylvania and did arrange, sponsor, schedule, advertise and control an automotive swap meet and vintage car exhibit with numerous vendors. 5. At all times hereinafter mentioned Defendant acted through its workman, agents, servants and employees, then and there engaged in the business of the Defendant within the scope of their employment. 6. On or about October 1, 1998 at or about 8:30 a.m., during the swap meet, Freeman Buzzell, suffered injury to his left foot which was run over by the wheels of a dolly which was attached to the rear of a truck owned and operated by Plaintiff's insured, Harry Miller. 7. The aforesaid occurrence was due to whole or in part of the negligence of the Defendant, Carlisle Productions in that it: a. failed to provide pedestrian walkways; b. failed to leave sufficient room for vehicles to pass through; c. failed to make the fairground safe for pedestrians; d. failed to provide adequate room for vehicles to maneuver; 2 , ,- - ~_. ~ ~... e. failed to keep the area in a reasonably safe and secure condition for use by the public invited to the property; f. allowed a dangerous condition to exist; g. failed to warn the dangerous condition which was in existence at the property; h. failed to comply with appropriate permits, codes, standards governing the area were the incident occurred; i. failed to satisfy its duties owned to the public and invites invited onto the premises for business purposes; j. failed to make reasonable and proper inspection of the area where Freeman Buzzell was injured to determine whether or not the area was safe for pedestrians; k. allowing and permitting pedestrians and motor vehicles to use the same area for movement; 1. allowing and permitting vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles. m. violating the ordinances of the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania and otherwise being negligent at law; 8. By reason the negligence of the Defendant, Freeman Buzzell sustained serious injury to his left foot, as a result of which, Plaintiff paid the claimant the sum of Twenty One Thousand and 00/100 ($21,000.00) Dollars. 3 -=~".. -r - ~ ...... , , "~ ~ =-"'" 9. The Defendant knew, should have known or in the exercise of due care could have known that the fairgrounds would be used by motor vehicles and pedestrians. 10. Defendant had actual knowledge and notice of the condition refereed to herein and same existed for so long of a period of time proper to the happening of the occurrence herein alleged so that the Defendant in the exercise of due care should have or could have knowledge or notice of the existence of the condition. 11. Defendant is either solely liable, jointly or severally liable, or liable over to the Plaintiff for actual, implied or equitable indemnity, full indemnity, subrogation or contribution with respect to the loss sustained by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) a4~ UL . 'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF Dollars together with costs of suit. 4 , :"'<iil! ._.J \, V E R I F I CAT ION MARTHA ALLEN, SHELBY INSURANCE COMPANY, Plaintiff in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: '7.-3f-00 ~~ MARTHA ALLEN 5 ,;;~. ., < , r ..,,- ~,~ , ,~~~. ~ """~. ."~.\ ~ ,..... .;k cD o. ,'" 01':0 (I)".>, ,.;e. ..'..'c:...... '0 .' H':"I:"'_--,p ql5:{11 ..;. '..... ~""'" ,,,,,. 6':ib-'~ ~'--',m tim:~i~~ I.Ai <,':ti!!to ~\'Qf!,!i= '.'.."'." '. -."n '. '.."",.. .lJ>.'~.6... , ~. .....!D,. W,.,. ".' ,," ...gstli "".W~ ...... ~. 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CERTIFICATE OF SERVICE I, Melissa M, Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 1st day of September, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows; Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 107 Springfield, PA 19064 ~~vf!!&' ME SSA M, KAIN "-" .'-'''''C^'"''::'''''_'w/ ,H~_~_"'__"-", ". ", _ ,~__"~_,~,_, w.~n__. " '~rO,'_"" -.r ~ ."ff'''''1'r''"., "'"'_ '_<.f',,' """,~,'- ~ ~~ ~'-"', '0>-',",'>. -'.M~" . .=,~ - ~,. '>.' .... .... '. I."H--'",^ o C, ;:-~ -oi<~ r'1(' 2':-- :< (I) -< r' ,;--:' ,!:..~: ~ ~"_--.:C; pc.: Z __I --< ~,.".."",II!'\lUlil!llll!'11~,,,,,,,,, c::) ,_:" U-, p'l ~-cl .",!llJ!!i<jT ~~":'~ _~_, \ ' .:;1 (J. ---."~' ....) .t:''' "l"-r ,",.,.,1. , SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 PRAECIPE FOR WRIT TO JOiN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ to join the following Additional Defendant: Harry Miller, 1639 Brushy Ridge Road, Montoursville, Pennsylvania 17754. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: 9-1- 00 BY: T th Mahon, Esquire 100 Pine Street - 4th Floor P.O. Box 803 Harrisburg, PA 17108 LD, No. 52918 (717) 232-9323 Attorney for Defendant '^'-"'-~-- "-- ~,' _',c,'t.__",.,"~_"___.."e_~,,_,,,~ _,.c. ",~,4.' ~'. -~ CERTIFICATE OF SERVICE I, Melissa M. Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certifY that on this I st day of September, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 107 Springfield, P A 19064 C(J~cffl/L. MEtIS SA M, KAIN :'1~ ,.. -,' .'c. -, , _~,,.,.w """,, ~,~~. ',' "1-:' - '-",- -- "_f .,-.'m ,- .-"__~",,._ r ,- - , ~ _, ~___,_.__.,<_,~~",___",?,"...J'_'~ '.-' - nn~""!"" "":'_.-"",'...-\- " ""~ -~~.- ~ ~. ~ ,- ,""- "'_ _ =n -~ ikPoI-f''''_~ () C ;? ~~f ~;~';:: ~~(~. ~C~ ;r; ~~ ~ -< - :2 ,---.' :/) ~~ (,J"; .--'. , ,_.,) - , ~, (n U,"'I..""""''''''-'''''''',~' (') ~ ::;:--) ~-,.' ~' y. ';\ 'J'I . Cumberland County, ss: The Commonwealth of Pennsylvania to Harry Miller (Name of AddiJtional Defendant) 1639 Brushy Ridge Road, Montoursville, Pennsylvania 17754 You are notified that Carlisle Productions (Name (s) of Defendant (,) w (have) joined you as an additional defendant in this ac;tion, which you are re- quired to defend. , Date September 5, 2000 By 1'~L? k-'~# Deputy . (SEAL) '4>: ... r_" . H :1:'" H"'In ;;: ~ ;;: H :1: n en .,. . Pl . 0.....0 Pl 0 '" Pl I" ::r tJ '1 0 o i3 H '1 ~ ::> W'1 '1 t1l '1 . o t1l " tl ". '" '1 ,H H .... "'". i3 ::r 0 '" ...' 0' 0 Z " 'to ....::r Pl Pl >-l ~ " ro " '" 0 0 0' 0 ::> '" ::> H .., '1 '1 ;;: H I " >< t1l H " " ...' t1l H '" '1 '-0 '" - 0 < " H ::> '" I "'to OJ en ...' ::r H '" " H N- O rt ;;:g' tJ ~~ f-l"<j('J) '1 " '" '" W '1 t1l H '1 0 '1 H '" t1l 0", ::> t1l '" 0- Pl n OJ > t1l ;;: to ::> - 0- " ::> .... ". D1 1-'. CD t"".... .... 0 0 < H .5::>g "'to ". ~ t1l .... -.J 00 t1l t1l ...' H H ..::> '" ::> 0 n 0 ".- ~>-l ~,~ ::> 0 OJ ::r " .8 t'l ~ "!jZ "'... '" " ~~ H-' Pl H.o '1 < :to ::> :;l o . ::> ZO Pl~ p, 0 t1l ::>.. t1l j '1 '1 0 ~ ...,- " > > Pll:l J - ~ ~ - It, r ~ "'!l >... .. ~ ~al ~I -.J '" .. .' p.=~"~"~~-, 1_~1i!I!!!IlJ!!I!I ,,....~_ _,~~ ~ . ~~!'i!~~"~~_ W" _ !!jli~...,_...".,,,,,,,.,..",,li~,~ . -~ """''''''''r'''~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-05616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHELBY INSURANCE COMPANY VS CARLISLE PRODUCTIONS RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE CARLISLE PRODUCTIONS the 2000 DEFENDANT , at 0015:58 HOURS, on the 15th day of Auqust at 1000 BRYN MAWR ROAD CARLISLE, PA 17013 JOHN KUTSCH (CEO) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: J/L ~~~-'~~!. R. Thomas Kline 08/17/2000 PAUL F. D'EMILI Sworn and Subscribed to before By: me this 7 ~ day of ~ o2-wo A.D. ('~ a /udi.. A~"~ othonotary I ~ " , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten arxl subnitted in duplicate) I TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) SHELBY INSURANCE ca!1PANIES, (Plaintilf) vs. CARLISLE PRODucrIONS, (Deferxiant) No. 00-5616 civil Action Law JqI9 2000 1. State matter to be argued (Le.. plaintilf's motion for new trial, deferxiant's danurrer to canplaint. etc.): Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue case: (a) f= plaintilf: Paul F. D'Emilio, Esquire Address: 905 W. Spoul Road, Suite 107 Springfield, PA 19064 (h) f= deferxiant: Timothy J. McMahon, Esquire Address: 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argunent. 4. ArguTent Court Date: December 21, 2000 Dated: OJ -dl....DO ~ '" , ~. / CERTIFICATE OF SERVICE I, Melissa M, Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisJJ ~ay of September, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 107 Springfield, PA 19064 ~c-fl/~ '''''';::ifl!1!IIi'!ll. ,,,,,,,",,,,,,, ~~ ~-",~ . ~ .,.,.,. _ _~_,_J~ 1" ''''''-~~--''"~ - ~,~ "m.' "."' __""=' "'; "N",~ '0<_,"_' "_"-,,",""",,,_, ~"'-..."-_":"~'_' ,= _'~~o,_,,' ,-I" ;"'4." \ 0 c~, 0 c 0 <'" "n IJm (/) ,~ IT1rn crt --r'"' Z:"TJ '" i"'-ilf-.1d ~~ ,'0 'nrh "" (/)> 1'0 :~rjO -(.2.'. -:-:)6 ~c > .=;:f-c! ~o :2: ;;..3:rJ J;O S? ::.-;:..-(; C om Z U1 ~ =< CO -< ~_ )i!1!i:!;~fW'W'!fi$oW"''l:flf,''':mrl\l1Wf'J~~~~'''_~ ' .~ -~- ,.".,.= " ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE SPRINGFIELD, PA 19064 (610) 338-0338 107 Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Shelby Insurance Companies 3760 River Run Drive Birmingham, AL 35243 DIVISION VS. TERM Defendant(s) NO. 00-5616 Carlisle Productions 1000 Bryn Mawr Road Carlisle. PA 17013 NOTICE TO DEFEND You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement 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 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. Lawyer Reference Service for Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I~ .""""'__W~.-- PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610)338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMINGHAM, AL 35246 NO. 00-5616 VS. CARLISLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLISLE, PA 17013 CIVIL ACTION AMENDED COMPLAINT The Plaintiff, Shelby Insurance Company, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: 1. The Plaintiff, Shelby Insurance Company is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at P.O. Box 43360, Birmingham, AL 35243. Plaintiff brings this action as subrogee of Harry Miller, (herein the "Insured") under a policy of insurance # R8567575, issued by Plaintiff. 2. The Defendant, Carlisle Productions is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1000 Bryn Mawr Road, Carlisle, PA 17013. 3. At all times hereinafter mentioned the Defendant owned, managed, was in possession, maintained, controlled and operated the Carlisle Fairgrounds. 1 :";']7 "".- e-" , ".- 4. At all times hereafter mentioned that the Defendant, Carlisle Productions was engaged in the business of arranging, scheduling, advertising, controlling and sponsored events at the Carlisle Fairgrounds in Carlisle, Pennsylvania and did arrange, sponsor, schedule, advertise and control an automotive swap meet and vintage car exhibit with numerous vendors. 5. At all times hereinafter mentioned Defendant acted through its workman, agents, servants and employees, then and there engaged in the business of the Defendant within the scope of their employment. 6. On or about October 1, 1998 at or about 8:30 a.m., during the swap meet, Freeman Buzzell, suffered injury to his left foot which was run over by the wheels of a dolly which was attached to the rear of a truck owned and operated by Plaintiff's insured, Harry Miller. 7. The aforesaid occurrence was due to whole or in part of the negligence of the Defendant, Carlisle Productions in that it: a. failed to provide pedestrian walkways; b. failed to leave sufficient room for vehicles to pass through; c. failed to make the fairground safe for pedestrians; d. failed to provide adequate room for vehicles to maneuver; e. failed to keep the area in a reasonably safe and secure condition for use by the public invited to the property; f. allowed a dangerous condition to exist with respect to pedestrians; 2 :'i";,, '" ,~- ~-- ""~ - 1-' " ~ .~y-,~.,- g. failed to warn the dangerous condition which was in existence at the property; h. failed to comply with appropriate permits, codes and standards governing the area where the incident happened in that it: i. failed to post signs alerting pedestrians of the condition, ii. allowing the parking of vehicles along the roadway as a result of which the roadways became so narrow that pedestrians had to walk in the roadway, iii. failed to have a person to control vehicle and pedestrian traffic in a confined traffic area, iv. failed to have designated walk ways, v. allowed, permitted and required pedestrians to walk in the roadway, vi. failed to carryon its activities with reasonable care toward pedestrians, vii. allowed and permitted pedestrians and motor vehicles to use the same area for movement, viii. allowed and permitted vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles, ix. failed to make reasonable and proper inspection of the area, 3 ,ft., . ~" ~--'- , ", ,-," . x. failed to train, supervise and oversee its employees regarding establishing safe walkways for pedestrians. xi. failing to use due care under the circumstances i. failed to satisfy its duties owned to the public, invites, patrons invited onto the premises for business purposes in that it: i. failed to post signs alerting pedestrians of the condition, ii. allowing the parking of vehicles along the roadway as a result of which the roadways became so narrow that pedestrians had to walk in the roadway, iii. failed to have a person to control vehicle and pedestrian traffic in a confined traffic area, iv. failed to have designated walk ways, v. allowed, permitted and required pedestrians to walk in the roadway, vi. failed to carryon its activities with reasonable care toward pedestrians; vii. allowed and permitted pedestrians and motor vehicles to use the same area for movement; viii. allowed and permitted vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles. ix. failed to make reasonable and proper inspection of the area 4 ''<"'' . x. failed to train, supervise and oversee its employees regarding establishing safe walkways for pedestrians. xi. failing to use due care under the circumstances j. failed to make reasonable and proper. inspection of the area where Freeman Buzzell was injured to determine whether or not the area was safe for pedestrians; k. allowing and permitting pedestrians and motor vehicles to use the same area for movement; 1. allowing and permitting vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles. m. the above constitute violations the ordinances of the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. 8. By reason the negligence of the Defendant, Freeman Buzzell sustained serious injury to his left foot, as a result of which, Plaintiff paid the claimant the sum of Twenty One Thousand and 00/100 ($21,000.00) Dollars. 9. The Defendant knew, should have known or in the exercise of due care could have known that the fairgrounds would be used by motor vehicles and pedestrians. 10. Defendant had actual knowledge and notice of the condition refereed to herein and same existed for so long of a period of time proper to the happening of the occurrence herein alleged so that the Defendant in the exercise of due care should have or could have knowledge or notice of the existence of the condition. 5 -~ ? ~" " ~ , ~r ~ ~~~ ... 11. Defendant is either solely liable, jointly or severally liable, or liable over to the Plaintiff for actual, implied or equitable indemnity, full indemnity, subrogation or contribution with respect to the loss sustained by Plaintiff. WHEREFORE, plaintiff demands judgment against the Defendant in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) Dollars together with costs of suit. 6 ",''if' _ -"",---. - -'. " ~. ~- ---<. , ,,,' 09/25/00 lA: 49 FAX 205 9703180 VESTA/SHELBY 141002 . ; V E R I F I CAT ION {f\\,,~-e\\e (;.ecf~-e IQJl!"M,lii.E.!iilU, SHELBY INl:!URANCl!l COMPANY, Plaintiff in the above captioned matter verifies that the facts contained in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~. ~~ l 10flW MMt'l'iJ1.. i!d:.:E.l3N ml cln-e) I e (,.eo~e DATE: -9 d6-00 7 ,-", ~ ,-." j-- " . -~--- , I i ;:", "", , C,- ~-.n",-, '>"'"' ',r ~~_il__OO 1,. '.>,~.~ ~- -' -~ ,- ~,~,,~ -, " ~="""'~ ~,,'.-.- -' "~. 8 <'" -on1 ITlr", z-)--; Zr" (f)d?:" ~..z kl: ~o So Pc:: Z =< ~,_lli.J._l~$c!@~"t~I$i1Jij - "") ~ c o "" 1"'1 " 0..J 0', o ~T: .. _I -, ,_-,0 ~:~; (.) ~~~ Ot"Tl ;;.~ '-,.... =< :t'.e ~: 0\ P"'~~' ,(r ~, ""~-1 PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610)338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMINGHAM, AL 35246 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 00-5616 VS. CARLISLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLISLE, PA 17013 : CIVIL ACTION ORDER AND NOW, TO WIT this day of , 2000, Plaintiff having filed an Amended Complaint, the Preliminary Objections of the Defendant, Carlisle Productions are dismissed without prejudice. BY THE COURT: J. ;,~'<'l PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610)338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMINGHAM, AL 35246 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 00-5616 VS. CARLISLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLISLE. PA 17013 . . CIVIL ACTION ANSWERS TO PRELIMINARY OBJECTIONS OF THE DEFENDANT CARLISLE PRODUCTIONS TO PLAINTIFF'S COMPLAINT plaintiff, by its attorney, Paul F. D'Emilio, Esquire, answers the Preliminary Objections filed by the Defendant, Carlisle Productions in the above entitled matter and sets forth as follows: 1-7. Denied as moot since Plaintiff has filed an Amended Complaint, a true and correct copy of which is attached. WHEREFORE, Plaintiff respectfully requests that your Honorable Court dismiss Defendant's Preliminary Objections. {1t~~;/- ATTORNEY FOR PLAINTIFF 1 .;~ _roo,," "~ ", V E R I F I CAT ION PAUL F. D'EMILIO, ESQUIRE, ATTORNEY FOR THE PLAINTIFF, in the above captioned matter verifies that the facts contained in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to ::::or;"oo" 1 L ':_ (k" ~&;t- ~ P. fKEMIL 0, ESQ IRE ATTORNEY FOR PLAINTIFF 2 ,"~ ,,, , ~ PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610)338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMINGHAM, AL 35246 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 00-5616 VS. CARLISLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLISLE, PA 17013 CIVIL ACTION CERTIFICATE OF SERVICE I, PAUL F. D'EMILIO, attorney for Plaintiff do hereby certify that true and correct copies of the Answer of the Plaintiff to the Preliminary Objections Filed By the Defendant, Carlisle Productions have been served this ~ day of September, 2000, by first class mail, postage prepaid upon those listed below: Timothy J. McMahon, Esquire 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108 a~~ ATTORNEY FOR PLAINTIFF 3 '~~, --.' ," ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 Plaintiff{s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . Shelby Insurance Companies 3760 River Run Drive Birmingham, AL 35243 DIVISION : VS. : TERM Defendant{s) : NO. 00-5616 . . Carlisle Productions 1000 Bryn Mawr Road Carlisle. PA 17013 NOTICE TO DEFEND You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement 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 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. Lawyer Reference Service for Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,\f.""."""""'<.."....~_ ,-'.- ~ ~~~-~""'- , ",,,"""""'""""""~ PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610)338-0338 SHELBY INSURANCE COMPANY AS SUBROGEE OF HARRY MILLER P.O. BOX 43360 BIRMXNGHAM, AL 35246 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY : NO. 00-5616 VS. CARLXSLE PRODUCTIONS 1000 BRYN MAWR ROAD CARLXSLE. PA 17013 CIVIL ACTION AMENDED COMPLAINT The Plaintiff, Shelby Insurance Company, by its attorney Paul F. D' Emilio, Esquire, bring action upon a cause whereof the following is a statement: 1. The Plaintiff, Shelby Insurance Company is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at P.O. Box 43360, Birmingham, AL 35243. Plaintiff brings this action as subrogee of Harry Miller. (herein the "Insured") under a policy of insurance # R8567575, issued by Plaintiff. 2. The Defendant, Carlisle Productions is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1000 Bryn Mawr Road, Carlisle, PA 17013. 3. At all times hereinafter mentioned the Defendant owned, managed, was in possession, maintained, controlled and operated the Carlisle Fairgrounds. 1 ~\w!'jr"'I!~,_1l"""'=~ , ~~ -~ ~ "~ 1","~~~ !'l:W;;~ ., 4. At all times hereafter mentioned that the Defendant, Carlisle Productions was engaged in the business of arranging, scheduling, advertising, controlling and sponsored events at the Carlisle Fairgrounds in Carlisle, Pennsylvania and did arrange, sponsor, schedule, advertise and control an automotive swap meet and vintage car exhibit with numerous vendors. 5. At all times hereinafter mentioned Defendant acted through its workman, agents, servants and employees, then and there engaged in the business of the Defendant within the scope of their employment. 6. On or about October 1, 1998 at or about 8:30 a.m., during the swap meet, Freeman Buzzell, suffered injury to his left foot which was run over by the wheels of a dolly which was attached to the rear of a truck owned and operated by Plaintiff's insured, Harry Miller. 7. The aforesaid occurrence was due to whole or in part of the negligence of the Defendant, Carlisle Productions in that it: a. failed to provide pedestrian walkways; b. failed to leave sufficient room for vehicles to pass through; c. failed to make the fairground safe for pedestrians; d. failed to provide adequate room for vehicles to maneuver; e. failed to keep the area in a reasonably safe and secure condition for use by the public invited to the property; f. allowed a dangerous condition to exist with respect to pedestrians; 2 ~~ ~; ~.~.~~~ _ ~__~,:::':C~~~_lI>lri"'.~ " g. failed to warn the dangerous condition which was in existence at the property; h. failed to comply with appropriate permits, codes and standards governing the area where the incident happened in that it: i. failed to post signs alerting pedestrians of the condition, ii. allowing the parking of vehicles along the roadway as a result of which the roadways became so narrow that pedestrians had to walk in the roadway, iii. failed to have a person to control vehicle and pedestrian traffic in a confined traffic area, iv. failed to have designated walk ways, v. allowed, permitted and required pedestrians to walk in the roadway, vi. failed to carryon its activities with reasonable care toward pedestrians, vii. allowed and permitted pedestrians and motor vehicles to use the same area for movement, viii. allowed and permitted vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles, ix. failed to make reasonable and proper inspection of the area, 3 _.3'lj'"\\;>;~"".)f"-, ~~ - ~_~ - - U; _:- . ''''''~ " x. failed to train, supervise and oversee its employees regarding establishing safe walkways for pedestrians. xi. failing to use due care under the circumstances i. failed to satisfy its duties owned to the public, invites, patrons invited onto the premises for business purposes in that it: i. failed to post signs alerting pedestrians of the condition, ii. allowing the parking of vehicles along the roadway as a result of which the roadways became so narrow that pedestrians had to walk in the roadway, iii. failed to have a person to control vehicle and pedestrian traffic in a confined traffic area, iv, failed to have designated walk ways, v. allowed, permitted and required pedestrians to walk in the roadway, vi. failed to carry on .its activities with reasonable care toward pedestrians; vii. allowed and permitted pedestrians and motor vehicles to use the same area for movement; viii. allowed and permitted vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles. ix. failed to make reasonable and proper inspection of the area 4 ",,~ " -~-<~, -1'0, .1"".... - " ~ ~_. ~'''''--~- ", x, failed to train, supervise and oversee its employees regarding establishing safe walkways for pedestrians. xi. failing to use due care under the circumstances j. failed to make reasonable and proper inspection of the area where Freeman Buzzell was injured to determine whether or not the area was safe for pedestrians; k. allowing and permitting pedestrians and motor vehicles to use the same area for movement; 1, allowing and permitting vendors to encroach at or near the roadway, thereby reducing the area of movement for pedestrians and vehicles. m. the above constitute violations the ordinances of the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, 8. By reason the negligence of the Defendant, Freeman Buzzell sustained serious injury to his left foot, as a result of which, Plaintiff paid the claimant the sum of Twenty One Thousand and 00/100 ($21,000.00) Dollars. 9. The Defendant knew, should have known or in the exercise of due care could have known that the fairgrounds would be used by motor vehicles and pedestrians. 10. Defendant had actual knowledge and notice of the condition refereed to herein and same existed for so long of a period of time proper to the happening of the occurrence herein alleged so that the Defendant in the exercise of due care should have or could have knowledge or notice of the existence of the condition. 5 - ,_~ ~_"'_~~!F!!lll'!lf' SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 NOTICE TO PLEAD TO: Plaintiffs c/o Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 107 Springfield, PA 19064 You are hereby notified to plead to the enclosed New Matter of Defendant within twenty (20) days from service hereof or a default judgment may be filed against you. BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~~~",ESq"", J.D. No. 52918 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, P A 17108-0803 (717) 232-9323 Attorney for Defendant DATE: /0 -/l-ou :','JlW,~c;.,,", ~, " , '-, 105 _A\LlAJlITJM\LLPG\581141MMK1l1012\00455 SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 ANSWER WITH NEW MATTER OF DEFENDANT CARLISLE PRODUCTIONS. INC. TO PLAINTIFF'S AMENDED COMPLAINT 1. Denied. After reasonable investigation and inquiry Answering Defendant lacks information sufficient to form a belief as to the truth of the allegation set forth in this paragraph and accordingly the same are denied and proof thereof is demanded at trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted only that Defendant Carlisle Productions managed, was in possession, maintained, controlled and operated the Carlisle Fairgrounds as of October 1, 1998, i.e., the date on which Plaintiff alleges an accident occurred between Freeman Buzzell and Harry Miller which accident forms the basis for Plaintiff's Amended Complaint. It is specifically denied that Defendant owned the Carlisle Fairgrounds. 4. Admitted in part; denied in part. It is admitted that Defendant Carlisle Production, Inc. sponsored events at the Carlisle Fairground in Carlisle, Pennsylvania including an event that took place on or about October 1, 1998. The remaining allegations of this paragraph are denied in accordance with Pa.R.C.P. 1029(e). '1il?S:~_ ",,' . - I .,~ ,-~~" ~~"_r- 5. Admitted in part; denied in part, It is admitted only that Defendant, a corporation, acts through workmen, agents, servants and/or employees. Because no specific agents, workmen, servants and/or employees are identified in this paragraph, Defendant cannot admit or deny having acted through same times relevant to the material allegations of Plaintiffs Amended Complaint and accordingly those allegations are denied and proof thereofis demanded at trial, if relevant. 6. Denied in accordance with Pa,RC.P. 1029(e). 7. Denied. Defendant Carlisle Productions, Inc. denies all allegations of negligence as set forth in this paragraph together with its subparagraphs (a) through (m). To the contrary, at all times relevant to the well pleaded and material facts set forth in Plaintiffs Complaint, Defendant acted'with reasonable care under the circumstances. By way of further answer, the allegations of this paragraph are deemed denied in accordance with Pa.R.C.P. l029(e). 8. Denied in accordance with Pa.RC.P, 1029(e). 9, Denied in accordance with Pa.RC.P. 1029(e). 10. Denied in accordance with Pa.RC.P. 1029(e). 11. Denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant Carlisle Productions, Inc. demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 12. Plaintiffs Complaint fails to state a cause of action against Defendant upon which relief may be granted as a matter oflaw. 2 '"BIl! ~ . . 13. Plaintiff Shelby Insurance Company as subrogee of Harry Miller subject to the same defeIlSes as its subrogor including but not limited to the following: subrogor's negligence is the sole cause of Plaintiffs damages, all such damages being expressly denied. 14. Plaintiff settled the underlying dispute between Harry Miller and Freeman Buzzell on terms that were neither reasonable nor appropriate nor fair. 15. No act or omission on the part of Answering Defendant was a substantial contributing factor in bringing about Plaintiffs damages, if any. 16. Plaintiff s claimed damages, if any, were caused in whole or in part by other persons and/or parties over whom Defendant had neither control nor right of control. 17. Plaintiffs damages, if any, may be barred and/or limited by the application of contributory negligence, WHEREFORE, Defendant Carlisle Productions, Inc. demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: BY: T 0 100 Pine treet - 4 Floor P,O. Box 803 Harrisburg, PA 17108 J.D. No. 52918 (717) 232-9323 Attorney for Defendant 3 ~';", - " -" -- ~ " I VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Amended Complaint are based upon information 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 ofthe Answer with New Matter to Plaintiffs Amended Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Amended Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiff s Amended 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, L.CYJ/ Alien C. Kerchner Treasurer and Controller, Carlisle Productions, Inc. DAT~:l ) IOI"~~ -^,U"'"'I.""_~ _ ~, - , fr- " l'L ~ ,.,..., " ..." o c: ? a~fr ::c-; =~ c'~ (, ~l.:"> ~> c.., " '-.:> C") -~'I ~'-..) {:::::; ,) :...) Cl -, ." "".~iOfti~"!II~!~!:; ,~~, :1!?,nili1ll1~1tll'~~ll'SOO~~p1"'iRllI"l~R:./E".."." r-!~ ~,,,..""'~ CERTIFICATE OF SERVICE I, Melissa M. Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this !J:aay of October, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 107 Springfield, P A 19064 ~cfI1- /{O- MEL SA M. KAIN "~~~ , .. '.~ ~."""",,,,~1> ,. SHELBY INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v, CARLISLE PRODUCTIONS, Defendant : CIVIL ACTION - LAW : NO. 00-5616 STIPULATION OF DISCONTINUANCE The parties through their respective counsel hereby stipulate that Plaintiff s claims against Carlisle Productions, Inc. are hereby withdrawn, with prejudice; similarly, the claims of Defendant Carlisle Productions, Inc. as against additional Defendant, Harry Miller are hereby withdrawn with prejudice. cz~ Counsel for Plaintiff ,. , '.,.' ",_:"" _ o.__h_"_ ,. 1-- ,~ ,- ,,_,__ ,-- , 1\' ,>~ ,>- , ,~., ... -.<" >, .~~, ,-,('_~"c~,?,." .' - -~ - ~m!n." () <....? C~_ c:) :;.0'" ~ -0 t -_:-~ rn :~~ ",,", z; ~'......; -<.. r:::: ~, )> ...-,' z c' " (.,J ? c::: :::=:.1 z =9 -....1 f,,) -< ~ -,-~ ",,,., "'~"""