HomeMy WebLinkAbout01-06409
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LAW OFFICES OF
STEPHEN J. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE COURT
OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
NO. 01- &I.{O~ C;;,I
CIVIL TERM
JURY TRIAL DEMANDED
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC"
and JACK GAUGHEN REALTORS,
Defendants
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case
may proceed without you and 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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
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LAW OFFICES OF
STEPHEN]. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE COURT
OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
v.
COURTYARDS OF CARLISLE
,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
No.Dl-&Lf6Q
CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
COUNT I
Rose Brown, Plaintiff v. Courtyards of Carlisle,
AND NOW, comes the Plaintiff, Rose Brown, by her attorney,
Stephen J. Hogg, Esquire who file this Complaint as follows:
1. Plaintiff Rose Brown, is an adult individual who resides at 9
Ashburg Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Defendant Courtyards of Carlisle is a domestic non-profit
condominium association doing business in the Thirteen Hundred
block of North West Street, Carlisle, Cumberland County,
Pennsylvania,
3. Your Towne Builders, Inc. is a domestic corporation doing
business at 2137 Embassy Drive, Lancaster, Lancaster County,
Pennsylvania,
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LAW OFFICES OF
STEPHEN]. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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4. Jack Gaughen is a domestic corporation doing business at 1068
Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania.
5. On or about March 11, 2000, and for sometime prior thereto,
Defendant Courtyards of Carlisle was engaged in the business of
selling condominium properties in the Thirteen Hundred block of
North West Street in the Borough of Carlisle, Cumberland
County, Pennsylvania and in connection with such business the
Defendant Courtyards of Carlisle was in possession and control
of an office and a model unit, as well as the common areas at this
location.
6. On or about March 11, 2000, Plaintiff was lawfully on the
premises of Defendant Courtyards of Carlisle office for the
express purpose of viewing the model condominium unit.
7, In order to facilitate traveling from the office to the adjoining
model unit, Defendant Your Towne Builders constructed a set of
two steps between the outside driveways of the two units. The
two steps were constructed in such a way that the top step was
not flush with the adjoining blacktop driveway but was
approximately 7 inches lower.
8. On or about March 11, 2000, at or about 3:00 P,M., the Plaintiff
went to the office of Defendant Courtyards of Carlisle for a
previously arranged appointment to view the model unit. Plaintiff
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LAW OFFICES OF
STEPHEN J. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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was accompanied by her son, Victor Brown, and his friend, Pam
Eckenrode.
9. At the aforementioned date and time, the Plaintiff, Mr. Brown, Ms.
Eckenrode and Robert Foster of Defendant Jack Gaughen
Realtors left the office unit to view the model unit next door,
10. While traversing the steps between the office unit and the model
unit, the Plaintiff tripped on the raised portion of the driveway
above the top step and severely injured her left knee.
11. Plaintiff was shaken but continued her tour of the model unit.
12, Approximately one week later, on or about March 18, 2000, the
Plaintiff sought medical treatment from her family doctor in Long
Beach, New York,
13. Eventually, the Plaintiffs injuries from the aforementioned fall
required an arthroscopy, meniscectomy and open excision of the
left knee on July 5, 2000.
14. At all times relevant to this matter, the Defendant had a duty to
construct and maintain common areas of the condominium
premises in a reasonably safe manner for the use of persons
such as Plaintiff likely to be on the premises and further to warn
Plaintiff that the top step was not even with the driveway.
15. The Plaintiff's injuries to her left knee were proximately caused by
the aforementioned fall due to the negligence, carelessness and
recklessness of Defendant Courtyards of Carlisle as follows:
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LAW OFFICE.S OF
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1, Failing to comply with PM303.3 of the BOCA Code,
adopted by the Borough of Carlisle, which directs
that sidewalks, stairs etc. be kept and maintained
free from hazardous conditions;
2. Failing to inspect the stairs for defects;
3. Failing to insure the steps were constructed in a
safe and proper manner;
4. Failing to otherwise comply with the Carlisle
Borough Building Code Regulations; and
5. Otherwise failing to exercise due diligence in the
construction and placement of the steps without
negligence, carelessness and recklessness toward
the Plaintiff and all persons using the steps who
would likely to be injured thereon.
16. At all times relevant to this matter, Plaintiff exercised due care for
her own safety while on the Defendant's premises.
17. Plaintiff's injuries from the fall caused her to be unable to stand
and walk without significant pain and resulted in her forced
separation from her usual employment as a clerk.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
STEPHEN J. HOGG other relief as this Court deems just and proper.
19 s, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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LAW OFFices OF
STEPHEN J. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE,PA 17013
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COUNT II
Rose Brown, Plaintiff v. Your Towne Builders
18. Paragraphs 1-17 as set forth above are incorporated herein.
19. Plaintiff's injuries to her left knee were proximately caused by
the aforementioned fall due to the additional negligence,
carelessness and recklessness of Defendant Your Towne
Builders as follows:
1, Failing to place the steps in a safe and secure
position and allowing a defective condition to exist
for persons using the steps to travel between the
office unit and model unit.
2. Failing to place warning signs or other warning
devices alerting persons using the steps that the top
step was not flush with the adjoining macadam
driveway.
20. Otherwise failing to exercise due diligence in the construction and
placement of the steps without negligence, carelessness and
recklessness toward the Plaintiff and all persons using the steps
who would likely to be injured thereon,
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
other relief as this Court deems just and proper,
5
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LAW OFFICES OF
STEPHENJ. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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COUNT III
Rose Brown, Plaintiff v. Jack Gaughen Realtors
21. Paragraphs 1-20 as previously set forth are incorporated herein.
22. Plaintiffs injuries to her left knee were proximately caused by
the aforementioned fall due to the additional negligence,
carelessness and recklessness of Defendant Jack Gaughen
Realtors as follows:
1. Failing to verbally warn the Plaintiff or otherwise
make her aware of the existence of the dangerous
condition on the steps.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
other relief as this Court deems just and proper.
Date: I~jr/
, ,
Stephen J. Hog .
Attorney for Pial
19 S. Hanover Street, Ste. 101
Carlisle, PA 17013
(717) 245-2698
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LAW OFFICES OF
STEPHEN J. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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VERIFICATION
I verify that the statements made in this Complaint to the Court
of Common Pleas of Cumberland County, Pennsylvania, are true and
correct. I understand that false statements herein are made subject to
the penalties of 19 Pa. Section 4904, relating to unsworn falsifications
to authorities,
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ROSE BROWN,
Plaintiff
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.
and JACK GAUGHEN REALTORS,
Defendants
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:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:DOCKET NO. 01-6409
:CIVIL TERM
:JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Rose Brown c/o
Stephen J. Hogg, Esquire
19 S. Hanover Street, Ste. 101
Carlisle, PA 17013
AND
Courtyards of Carlisle
33 North Market Street
Lancaster, PA 17603
AND
Your Towne Builders, Inc.
2137 Embassy Drive, Ste. 210
Lancaster, PA 17603
You are hereby notified to file a written response to the enclosed Answer and New
Matter and Cross Claim to Plaintiffs' Complaint within twenty (20) days from service hereof
or a judgment may be entered against you.
Date: December 11,2001
86184,112flllOl
SAUL EWING LLP
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Paige Macdonald-Matthes
Attorney ID No. 66266
2 North Second Street, 7th Floor
Harrisburg, PA 17101
(717) 238-7675
Attorney for Defendant Gaughen
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ROSE BROWN,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:DOCKET NO. 01-6409
v.
:CIVIL TERM
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.
and JACK GAUGHEN REALTORS,
Defendants
:JURY TRIAL DEMANDED
DEFENDANT JACK GAUGHEN REALTOR'S ANSWER TO
PLAINTIFF'S COMPLAINT, TOGETHER WITH NEW MATTER
AND CROSS-CLAIM
AND NOW, comes Defendaot Jack Gaughen Realtors[sic], by aod through its
counsel, Saul Ewing, LLP, and files its Answer, Together With New Matter aod Cross-Claim
to Plaintiff's Complaint, aod in support thereof avers as follows:
COUNT I
Rose Brown, Plaintiff v. Courtyards of Carlisle
The averments set forth in Count I of Plaintiff's Complaint are not addressed to
Defendaot Gaughen ("Gaughen"), and thus no response is required. To the extent that
averments set forth in Count I may indirectly be addressed to Gaughen, or in the event that it is
later judicially determined that aoswer is so required, Gaughen avers as follows:
1. Admit.
2. Gaughen is without knowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 2 of Plaintiff's Complaint aod strict proof of the same,
if relevaot, is demanded at the time of trial.
86184,112111/01
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3. Gaughen is without knowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 3 of Plaintiff's Complaint and strict proof of the same,
if relevant, is demanded at the time of trial.
4. Denied as stated. To the contrary, Jack Gaughen, Inc. t/d/b/a Jack
Gaughen Realtor ERA is a Pennsylvania business corporation having its principal place of
business located in Camp Hill, Pennsylvania.
5. Gaughen is without knowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 5 of Plaintiff's Complaint and strict proof of the same,
if relevant, is demanded at the time of trial.
6. Admit.
7. Admitted in part and denied in part. It is admitted that there are a set of
two steps between driveways of the two units. Gaughen is without knowledge to form a belief
as to the truth of the balance of the averments set forth in paragraph 7 of Plaintiff's Complaint
and strict proof, if relevant, is demanded at the time of trial.
8. Admit.
9. Admit.
10. Admitted in part and denied in part. It is admitted that Plaintiff tripped
while traversing the steps between the office unit and the model unit. Gaughen is without
knowledge to form a belief as to the truth of the balance of the averments set forth in
paragraph 10 of Plaintiff's Complaint and strict proof, ifrelevant, is demanded'at the time of
trial.
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11. Admitted in part and denied in part. It is admitted that Plaintiff continued
her tour of the model unit. It is denied that Plaintiff "was shaken". By way of further reply,
Plaintiff insisted that she was "fme."
12. Gaughen is without koowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 12 of Plaintiff's Complaint and strict proof of the same,
if relevant, is demanded at the time of trial.
13. Gaughen is without koowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 13 of Plaintiff's Complaint and strict proof of the same,
if relevant, is demanded at the time oftrial.
14. The averments set forth in paragraph 14 of Plaintiff's Complaint are not
addressed to Gaughen and consequently no response is required. By way of further reply, the
averments set forth in paragraph 14 of Plaintiff's Complaint state conclusions of law.
15. The averments set forth in paragraph 15 of Plaintiff's Complaint are not
addressed to Gaughen and consequently no response is required. By way of further reply, the
averments set forth in paragraph 14 of Plaintiff's Complaint state conclusions of law.
16. Gaughen is without koowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 16 of Plaintiff's Complaint and strict proof of the same,
if relevant, is demanded at the time of trial.
17. Gaughen is without koowledge sufficient to form a belief as to the truth
of the averments set forth in paragraph 17 of Plaintiff's Complaint and strict proof of the same,
if relevant, is demanded at the time of trial.
86184.112111101
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WHEREFORE, Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor
ERA respectfully requests that this Honorable Court enter judgment in its favor and against
Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such
other relief as is proper and just.
COUNT IT
Rose Brown, Plaintiff v . Your Towne Builders
The averments set forth in Count II of Plaintiff's Complaint are not addressed to
Gaughen, and thus no response is required. To the extent that averments set forth in Count II
may indirectly be addressed to Gaughen, or in the event that it is later judicially determined
that answer is so required, Gaughen avers as follows:
18. The answers set forth in paragraphs 1 through 17 are incorporated by
reference as if more fully set forth at length herein.
19. The averments set forth in paragraph 19 of Plaintiff's Complaint are not
addressed to Gaughen and consequently no response is required. By way of further reply, the
averments set forth in paragraph 19 of Plaintiff's Complaint state conclusions of law.
20. The averments set forth in paragraph 20 of Plaintiff's Complaint are not addressed to
Gaughen and consequendy no response is required. By way of further reply, the averments set
forth in paragraph 20 of Plaintiff's Complaint state conclusions of law.
WHEREFORE Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor
ERA respectfully requests that this Honorable Court enter judgment in its favor and against
Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such
other relief as is proper and just.
86184.112/1lI01
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COUNT III
Rose Brown, Plaintiff v. Jack Gau2hen Realtors ~
21. The answers set forth in paragraphs 1 through 20 are incorporated herein
by reference as if more fully set forth at length.
22. Denied. It is denied that "Plaintiff's injuries to her left knee were
proximately caused by the aforementioned fall due to the 'additional negligence, carelessness
and recklessness of Defendant Jack Gaughen Realtors [sic], '" or that Gaughen "fail[ed] to
verbally warn the Plaintiff or otherwise make her aware of the existence of the dangerous
condition on the steps. "
WHEREFORE, Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor
ERA respectfully requests that this Honorable Court enter judgment in its favor and against
Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such
other relief as is proper and just.
NEW MATTER
23. The answers set forth in paragraphs 1 through 22 are incorporated herein
by reference as if more fully set forth at length.
24. Gaughen did not breach or violate any duty or obligation it may have had
with respect to Plaintiff.
25. Plaintiff's alleged injuries and losses, if any, were caused by actions or
events outside the control of Gaughen.
26. Plaintiff's injuries and losses, if any, were caused by acts or omissions of
a person or persons other than Gaughen.
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27. Plaintiff has failed to state a cause of action against Gaughen for which
relief may be granted.
28. If Plaintiff establishes that she has suffered injuries and damages as
alleged in her Complaint, which allegations Gaughen specifically denies, said injuries and
damages were caused solely by the negligence, recklessness and carelessness of Defendant
Courtyards of Carlisle and/or Defendant Your Towne Builders, Inc., by their acts and
omissions.
29. If, as a result of the matters alleged in the Plaintiff's Complaint,
Gaughen is liable to Plaintiff for all or such injuries or damages as she may have sustained,
Defendant Courtyards of Carlisle and Defendant Your Towne Builders, Inc. are the parties
primarily liable for such injuries and damages and are liable over to Gaughen by way of
contribution or indemnification for all such damages as may be required to be paid to Plaintiff.
WHEREFORE, Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor
ERA respectfully requests that this Honorable Court enter judgment in its favor and against the
Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such
other relief as is proper and just.
CROSS CLAIM PURSUANT TO Pa R.C.P. 2252(d)
DIRECTED TO COURTYARDS OF CARLISLE AND
YOUR TOWNE BUILDERS, INC.
30. The answers and averments set forth in paragraphs 1 through 29 are
incorporated by reference as if more fully set forth at length herein.
86184,112111101
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31. Should Gaughen be found liable to Plaintiff in any way, Gaughen avers
that any and all liability arising from the Plaintiff's allegations is the result of acts and/or
omissions made by Defendant Courtyards of Carlisle and/or Your Towne Builders, Inc., who
are solely liable to the Plaintiff. Alternatively, Defendant Courtyards of Carlisle and/or Your
Towne Builders, Inc. may be jointly or severally liable for Plaintiff's injuries and/or damages,
if any, and accordingly, Gaughen asserts a claim for contribution from Defendant Courtyards
of Carlisle and/or Your Towne Builders, Inc.
WHEREFORE, Defendant Jack Gaughen Realtor ERA respectfully requests that
this Honorable Court enter judgment in its favor and against Defendants Courtyards of Carlisle
and Your Towne Builders, jointly and severally, plus interest and costs of suit, and grant such
other relief as is proper and just.
Respectfully Submitted,
SAUL EWlNG LLP
Date: December 11, 2001
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Paige Macdonald-Matthes
Attorney ID No. 66266
2 North Second St., 7th Floor
Harrisburg, PA 17101
(717) 238-7675
Attorney for Defendant Gaughen
86184.112111101
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V~CATION
I, Karen Stolte, Executive Viee President of Jilek Oaugben. Inc., beillg IlUbject to the
penalties of 18 Pa.C.S. fi4904 relatiD.$ to UIl&wom falsification to authoritiet, bereby S1ll1e that the
factI set forth in the foregoins attached Arwwer To Plaintiff's Complailu. TogeCher Wid! New
Mauer And Cross-C1aim U'e true wd correct to the bostofmy knowledge, inf=tion lltld
belief.
Dated: Deeember 11., 2001.
BY:
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CERTIFICATE OF SERVICE
I, Aimee J. Albright, assistant to Paige Macdonald-Matthes, Esquire, hereby
certify that on this 11lh day of December 2001, I served a true and correct copy of the
foregoing Answer To Plaintiff's Complaint, Together With New Matter And Cross-Claim, via
Certified Mail upon the following:
Rose Brown c/o
Stephen J. Hogg, Esquire
19 S, Hanover Street, Ste. 101
Carlisle, PA 17013
Courtyards of Carlisle
33 North Market Street
Lancaster, PA 17603
Your Towne Builders, Inc.
2137 Embassy Drive, Ste. 210
Lancaster, PA 17603
86184.112/11101
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ROSE BROWN,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: JANUARY 2001
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
: NO. 01-6409 CIVIL
Defendant.
Entry of Appearance
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned on behalf of the Defendant Courtyards of
Carlisle.
DATED: December 14, 2001
/
'sse Raymond Ruhl
A Attorney J.D. # 55798
350 West Market Street
York, PA 17401
(717) 854-0066
(717) 854-4339
Attorney for Defendant Courtyards of
Carlisle
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Certificate of Service
I hereby certify that on December 14, 2001, a true and correct copy of the foregoing Entry
of Appearance was served by first class mail, postage prepaid, upon the following:
Stephen J. Hogg, Esquire
19 South Hanover Street
Suite 10 1
Carlisle, P A 17013
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AMENDED CERTIFICATE OF SERVICE
I, Aimee J. Albright, assistant to Paige Macdonald-Matthes, Esquire, hereby
certify that on this 14th day of December 2001, I served a true and correct copy of the
foregoing Answer To Plaintiff's Complaint, Together With New Matter And Cross-Claim, via
Certified Mail upon the following:
Courtyards of Carlisle
P.O. Box 1806
Lancaster,PA 17608
~tfi~
86184,112114/01
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LAW OFFICES OF
STEPHEN J. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE CO,URT
OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION-LAW
NO. 01_/..40'1
: CIVIL TERM
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
: JURY TRIAL DEMANDED
PLAINTIFF'S ANSWIER TO NEW MATTER
OF JACK GAUGHEN REALTORS. DEFENDANT
23. Plaintiff again asserts Paragraphs 1-22 of the Complaint in
response herein.
24. It is denied that Defendant Jack Gaughen Realtors did not
breach or violate any duty or obligation it may have had with
respect to Plaintiff.
25. It is denied that Plaintiffs injuries and losses as set forth in
paragraphs 1-22 of the Complaint were caused by actions or
events entirely outside the control of Defendant Jack Gaughen
Realtors.
26. It is denied that Plaintiffs injuries and losses as set forth in
paragraphs 1-22 of the Complaint were caused solely by acts or
omissions of a person or persons other than Defendant Jack
Gaughen Realtors.
27.
The averments set forth in this paragraph state a conclusion of
law to which no response is required. Plaintiff does, however,
LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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assert that a cause of action in negligence has been raised by
the allegations in the Complaint against Defendant Jack
Gaughen Realtors.
28. It is denied that Plaintiffs injuries and damages were caused
solely by the negligence, recklessness and carelessness of
Defendant Courtyards of Carlisle and/or Defendant Your Towne
Builders, Inc. by their acts and omissions. Plaintiff asserts that
Defendant Jack Gaughen Realtors was also negligent, reckless
or careless in causing Plaintiffs injuries and damages.
29. The averments set forth in this paragraph state a conclusion of
law to which no response is required.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant Jack Gaughen Realtors for past and future medical
treatment, expenses, past and future wage loss, past and future pain
and suffering, costs of suit and such other relief as this Court deems
just and proper.
Date: ~
Ste hen J. Ho
Attorney for PI i
LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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VERIFICATION
I verify that the statements made in this Answer to the Court of
Common Pleas of Cumberland County, Pennsylvania, are true and
correct. I understand that false statements herein are made subject to
the penalties of 19 Pa. Section 4904, relating to unsworn falsifications
to authorities.
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Date
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06409 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN ROSE
VS
COURTYARDS OF CARLISLE ET AL
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:
COURTYARDS OF CARLISLE
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 27th, 2001 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lancaster Co
Mileage
18.00
9.00
10.00
33.95
3.25
74.20
12/27/2001
STEPHEN HOGG
s~
R'. Thomas ~l:ne .. . .
Sheriff of Cumberland county
Sworn and subscribed to before me
this ;/.....A. day Of~,u "<-Y
,2".,,7---' A.D.
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Prothonotary
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06409 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN ROSE
VS
COURTYARDS OF CARLISLE ET AL
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:
YOUR TOWNE BUILDERS INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 27th, 2001 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lancaster Co
6.00
.00
10.00
33.95
.00
49.95
12/27/2001
STEPHEN HOGG
'~
R. ihomas ;li e
Sheriff of Cumberland County
Sworn and subscribed to before
this ,,2/"4... day oi:)nUA]
.1-'><1.1- A. D.
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Prothonotafy
me
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06409 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BROWN ROSE
VS
COURTYARDS OF CARLISLE ET AL
J. MICHAEL ICKES
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
GAUGHEN JACK REALTORS
the
DEFENDANT
, at 1420:00 HOURS, on the 21st day of November, 2001
at 1068 HARRISBURG PIKE
CARLISLE, PA 17013
by handing to
JAMES KREIBEL, MANAGER
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
So Answers:
6.00
3.25
.00
10.00
.00
19.25
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R. Thomas Kline
12/27/2001
STEPHEN HOGG
Sworn and Subscribed to before
By: j /JlU}A~ ~QJLJ
(j Deputy eriff
me this .I ~ day of
9""0'1 ~.v A.D.
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Prothonotary'
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SHER~FF'S OFF~CE
50 NO~TH DIIKE HI'IEET, P.O. 80:< 133480, UlNCASTER, PENNSYLVANIA 17608.3180. (7H) 299.8200
Rose Brown
2
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT 'OF RETURN
PLAINTIFF/SI
SERVE
..
Courtyards of Carlisle et al
{ 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED.
Courtyards of Carlisle c/o The Dragaris Co.
6. ADDRESS (Street or RFD, Apartment No., City, Bora. Twp., State and ZIP Code)
AT 33 N. Market St. Lancaster, PA
7 INOICATE UNUSUAL SERVICEXM DEPUTIZE 0 OTHER Cumberland
Now, November 21 Xffl(2001 ,I, SHERIFF OF LANCASTER COUNTY, PA.. do hereb~eputize the S
T,rmr""h'r County to execute this Wo. ~ 'feturn th.l!reo
to law. This deputation being made at the request and risk of the plaintiff. ,~."",.oe<.
SHERIFF OF LANCASTER co TV
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE, Cumberland
4 TYPE OF WAIT OR COMPLAINT:
JI . ~._ . Callplaint
3. DEFENDANT IS/
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.,B. WAIVER OF WA'TCHMAN - Any deputy sh~riff levying upon or attaching,al1Y property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on
the part of such deputy or the sheriff to_ any plaintiff herein for any loss, destruction or removal of any such propertYj:before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY 0' olhe, ORIGINATOR 10. TELEPHONE NUMBER 11.0ATE
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STEPHEN J HOGG
(717) 245-2698
11/13/01
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
CUMBERLAND CO SHERIFF'S OFFICE
13.1 acknowledge receipt of the writ I
or complaint as indicated above. 11/30/01 12 14 01
16. I hereby CERTIFY and RETURN that I 0 have personally served, In.K(ve legal evidence of service as shown in "Remarks". 0 have executed as shown in
"Remarks~, the writ or complaint described on the individual. com"'Pany, corporation, etc., at the address shown above or on the individual, company, cor~
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COpy thereat.
17.01 hereby certify and return a NOT FOUND because f am unable to locate the individual. company, corporation, etc., named above. (See remarks below)
18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. A person ot suitable age and discretion
. \40VU::. p~()lJ t~ C~. T'\1)V1-..\'I' ~~:~:e~:d~~gd~.~edefendanl'su~ual
20. Address of where served (complete only if different than shown above) (Street orRFD. Apartment No., City, Boro, Twp. 21. Date of Service 22. Time
State and Zip Code)
23. ATTEMPTS
3:J-~
Dep.lnt.
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24. Advance Costs
R l! 3Cfb 100.00
30. REMARKS:
30.50
31. AFFIRMED and subscribed to before me this
c.. t:-3/.96ICl
la70
S.T.A.'
34. day of
32, S[gnature 0
Dep. Sheriff
33.D... (. ?I
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37.
MY COMMISSION EXPIRES
38, I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I
OF AUTHORIZED ISSUING AUTHORITY ANO TITLE,
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE _ Sheriff's Office
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SHERIFF'S OFFICE
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200
Rose Brown
PLEASE TYPE OR PRINT LEGIBLY.
DO NOT DETACH ANY COPIES.
:2 COURT N'O~R
01-6409 civil
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINTIFFrSI
3. DEFENDAI\IT/SI
Courtyards of Carlisle et al
4, rvpe-OFWfn'(OR~COMPLAINT'
Jl . _ " Canplaint
{ 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., lOBE SERVED.
Courtyards of Carlisle c/o_The Dragar~ Co.
6. ADDRESS (Street or RFO, Apartment No., City, Bora. Twp,. Stale and ZIl=' Code)
AT 33 N. Market St. Lancas;ter, PA
7. INDICATE UNUSUAL SEAVlceXM DEPUTIZE 0 OTHER --- -CUmberland
Now, November 21 XffiC2001 ,I, SH. ERIFF OF U\J.,ICAST. E;R CO. !,L.NJ:YLPA., d~9_t1e eEM. _.ept,JIize the S!J.e~llI. of
T.;::mf"'.:::'lc:::rpr CO.unty to execute this W . 7eturn Ih...ereo ,6ftijn
to law. This deputation being made at the request -ancf riSk- of the plaIntiff. - -.. -- <- -
SHERI,F OF LANCASTER CO TV
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC~: - Ctimberland
SERVE
..
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any_deputy sheriff levying' ~pon~or attaching al1Y property under
within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment. without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEV or other ORIGINATOR' 10. TELEPHONE NtJMBEFr' 11. DAlE
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STEPHEN J HOGG
(717) 245-269B~
11/13/01
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW; (This area must be completed" notice is to De'mailed)
CUMBERLAND CO SHERIFF'S DFFICE
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
NAME-of Aulho'rized-LCSt'-Oeputy or Clerk 14. Date Received
13. I acknowledge receipt of the writ}
orcomplaintasindicaledabove. ANNETTE WALTON 717-295-3609 11/30/01
15, Expiration/Hearing date
01
16. I hereby CERTIFY and RETURN that I 0 have personally served, '~v~ legal evidence of service a;~shown in ~Remarksft, 0 have executed as Show~' in
"Remarks", the writ or complaint described on the indivtdual. company, corpQ.ration, etc., at the address shown above oron the individual, company, cor-
poration, etc" a1 the address inserted below by handing a TRUE and ATTESTED COPY thereof,
17.01 hereby certify and return a- NOT FOUND because I am ij'nable io lo'cale_ the individual: company'. corporation, etc-" na_med above. (See remarks below)
18. Name and title of individual served (if not shown -above) (RelationshiP to erendant) 19:
. \-lO\)(.,K. PeTLs.c.) IN C 'b ~ no..:J \Sl
20, Address of where served (complete only if different than sh-own above) (Street or RFD,Apartmenft\fo., City, Boro', iwp-.
State and Zip COde)
A person of suitable age and discretIon
then residmg, in the defendant's usual
place of abode, C
21. Date -of service 22. Time
23. A TTE""PTS
3:.j-S:
Miles Dep. Int.
~
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24, Advance Costs
R II ~3Cfb 100.00
30. REMARKS:
30.50
31. AFFIRMED and subscribed to before me this
C.- ~3f,96l0
/f}.')O
S.T.A.:
34. day of
37.
MY COMMISSION EXPIRES
38. I ACKNOWLEDGE: RECEIPT OF THE SHERIFF'S RETURN SIl:iNATURE } .
OF AUTHORIZED ISSUING AUTHORITY AND TITLE,
1. WHITE - Issuing Authority 2. PINK - Attorney 3, CANARY. Sheriffs Office 4. BLUE. Sheriff's Office
f
39, Date ReceIved
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50 NO~TH DlIKE nIlEET, 1'.0. E.O ("3480, LANCASTER, PE~INSYL V,\NIA 1 '608-318l . (11 ') 299-8200
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SHElillFF ~;ERVICE ' PI.:.E.A~iE 1
PROCESS RECEIPT anl!."FFI['AVr~~F RE'1rURN . _ DO;i'!91 tlE:TAGt-lij
1 PLAINTlFF/SI 2, eOUAl NUMBER
01-6409 civil
Rose Brown
3 DEFENDANT/SI
Courtyards of Carlisle et al
SERVE {5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED.
.. Your Towne Builders, Inc.
6. ADDRESS (Street or RFO, Apartment No., City, Boro, Twp., Slate and ZIP Code)
AT 2137 Elnbassy Drive Lancaster, PA
7 INDICATE UNUSUAL SERVICEXlli DEPUTIZE 0 OTHER Cumberland
Now, NOVEmOer .L'1 20 01 , I, SHERIFF OF l.J.r Jll, ,!TCR COUNTY, PA., do here !lI deputize the
Lancaster County to execute this' return here
to law. This deputation being made at the request and risk of the plaintiff. I >?
SHERFF F
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
4. TVPEOF WRIT )R COMPLAINT"
1 i Canplaint
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NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying_upon or attaching allY property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any Joss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTO~NEY or other ORIGINATOR
STEPHEN HOGGESQ
10. TELEpHONE NUMJlJ'B
(717) 245-2698
11 OAl~/13/01
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
CUMBERLAND CO SHERIFF'S OFFICE
.. jl!l:lJii\:U&~~"IAl:N,~'di'l9a1lt
13.1 aCknowledge receipt of the writ l NAME of Authorized LeSO Deputy or Clerk
orcomplaintasindicatedabove. r ANNETTE WALTON 717-295-3609
11/26/01
Expiration/Hearing date
12/14/01
16. I hereby CERTiFV and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in ""Remarks". 0 have executed as shown in
"Remarks". the writ orcomplaint described on the individual, company, corporation. etc., at the address shown above or on the individual, company, cor-
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., n ed above. (See remarks beloW)
18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19.
o Service
See Remarks Below (No. 30)
21. Date of SelVice 22. Time
AM
PM
EST
EDST
20. Address of where selVed (complete only ,if different than shown above) (Street orRFD, Apartment No., City, Bora. Twp.
State and Zip Code)
23. ATTEMPTS
Miles
S
Cep.lnt.
24. Advance Costs
R \l&,37{, 100.00 30.50
30, REMARKS, r:>_~"," '/
;";0 K~IU::;,r IFf" L/A.>zr""v
S.TA:
34.
35
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31.
37.
Prothonotary!
MY COMMISSION EXPIRES
1. WHITE. Issuing Authority 2. PINK - Attorney 3. CANAR~Y - Sheriff's Office 4. BLUE - Sheriff's Office
j."'-
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Rose Brown
3 DEFENDANT/SI
Courtyards of 0; r:isl e et < 1
SERVE {5. NAME OF INDIVIDUAL, COMPANY, CORPORATlON,ETC., TO BE SERVED.
.. -'> -<~ , YOt x '1 :)'iIf1\:::: Bii-ldi: rs, :', n:~
-, 6. ADDRESS (Street or RFD. Apartment No., City, Bora. Twp., Slate and ZIP Code)
AT 21,~ 7 E:nl iase y Dri'-l~ ~_,(. n :::astl ~r, ")J,
7 INDICATE UNUSUAL SERVICEJ{.'I:J DEPUTIZE 0 OTHER '~'umb,r]anc
Now, Novemoer 1'1 20 ul , I, SHERIFF OF~fJ'I'8;(;R COUNTY, PA., do here
< Lar,casb,r County.,to~execute this Writ
to law. This deputation being rnade at the request and risk olthe plaintiff. . ~.
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8: SPECIALINsrRIlCTIO~$ OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SE VICE:
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SHEiUFF ~ERVICE ..... -1;--' ,PL.EA!,E 'FVi~E
PROCESS REGEIPT and I'FFI[JAVIT 0: RE'fURN -----.-L DOJ\tOT DJ;jACH ~N~G0F'fES.
l.PLAINTIFF/SI -------~ -'2 COL:RTNUMBER
o I-t ,409 i'1:\/11
4 TYPE: OF WRIT '.)R COMPLAINT
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NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN -' Any deputy Sheri" levying u~:On or attaching any property under
within writ may reave same without a watchrnan,jn cl,lstody of whomever is found in-possession, afternotlfying person of levyor;attachment,without liability-on
the part of suer- deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of-any su~h property before sheriff's sale thereof,
9. SIGNATURE'of ATTORNEY or olher ORIGINATOR 10. TELEPHONE NUMBER 11. OATE; ;
S'l'EPHEN HOGG ESq ( 717) 2<15-,2698 11 13 01
12. SEND NOTICE OF SERVICE copy TO NAME AND ADDRESS BELOW,
CU~lBERLAND CO SHE"RJ:FF' S OE'FICE
(This area must be completed. if notice is to be maU,d).
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13. I acknowledge receipt of the writ I NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15.
orcomplaintasindicated above. k~ETTE WAT...t'rON 717-295-3609
Expiration/Hearing date
12/14/01
16. I herebYC~RTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in
"Re~arks":.the writ orcom.r~laint described on the individual, company, corporation, etc., at the address shown above or on the individUal, company, cor-
poration, etc., at the address r,~$erted below by hancj.'[lQ a TRUE_and ATTESTED COPY thereof..,
17,01 hereby certify and return a _NQT FO~NO ~ec_au._~e I a'J1 ~na~le t9_!o.cate the indiviq,ual, company, co,rpolation, etc., n-~m_ed above. iSee remarks below)
18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19.
21. Date of Service 22, Time
AM
PM
EST
EDST
20. Address of where served (complete only jf different than shown abOve) (Street orRFD,Apartment No., City, Bora, Twp.
State and Zip Code)
23. ATTEMPTS
Miles
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24. Advance Costs
R \ L<'~' ~:f~7 (,
30. REMARKS,
s
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34. day of '-'~~~)"i~:f1f)': '-,;j;.:. . '" 20 f)
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:-Pro'honoiar'y/Q.~R..lili'i~rtuoIi.c-_,_,.
MY COMMISSION EXPIRES
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SO ANSWER.
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1. WHITE - ,Issuing. Authority 2. PINK - Attomey 3. CANARY. Sheriff's Office 4. BLUE ", Sheriffs Office
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LAW OFFICES C)F
rEPHENJ. HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE COURT
OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
n
CIVIL ACTION-LAI4f,F ~,:
f(').':,- ,.~)
o /-(fJ 'lCJf! 3f C
NO. 0:,.
CIVIL TERM $,C, G:
JURY TRIAL DE~DEf.l
;;r- ~.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REAL TORS,
Defendants
NOTICE TO DEFEND
:~
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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 entered against you
by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-316.6"",..rn", ~'''''r',~!! :.;:!;;;("t.,c':,,,,
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LAW OFFICES OF
fEPHEN J. HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE COURT
OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
NO.
CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
COUNT I
Rose Brown, Plaintiff v. Courtyards of Carlisle
AND NOW, comes the Plaintiff, Rose Brown, by her attorney,
Stephen J. Hogg, Esquire who file this Complaint as follows:
1. Plaintiff Rose Brown, is an adult individual who resides at 9
Ashburg Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Defendant Courtyards of Carlisle is a domestic non-profit
condominium association doing business in the Thirteen Hundred
block of North West Street, Carlisle, Cumberland County,
Pennsylvania.
3. Your Towne Builders, Inc. is a domestic corporation doing
business at 2137 Embassy Drive, Lancaster, Lancaster County,
Pennsylvania.
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LAW OFFICES OF
rEPHENJ.HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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4. Jack Gaughen is a domestic corporation doing business at 1068
Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania.
! 5. On or about March 11, 2000, and for sometime prior thereto,
Defendant Courtyards of Carlisle was engaged in the business of
selling condominium properties in the Thirteen Hundred block of
North West Street in the Borough of Carlisle, Cumberland
County, Pennsylvania and in connection with such business the
Defendant Courtyards of Carlisie was in possession and control
of an office and a model unit, as well as the common areas at this
location.
'6. On or about March 11, 2000, Plaintiff was lawfully on the
premises of Defendant Courtyards of Carlisle office for the
express purpose of viewing the model condominium unit.
.7. In order to facilitate traveling from the office to the adjoining
model unit, Defendant Your Towne Builders constructed a set of
two steps between the outside driveways of the two units. The
two steps were constructed in such a way that the top step was
not flush with the adjoining blacktop driveway but was
approximately .7 inches lower.
8. On or about March 11, 2000, at. or about 3:00 P.M., the Plaintiff
went to the office of Defendant Courtyards of Carlisle for a
previously arranged appointment to view the model unit. Plaintiff
2
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LAW OFFICES OF
fEPHEN J. HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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was accompanied by her son, Victor Brown, and his friend, Pam
Eckenrode.
9. At the aforementioned date and time, the Plaintiff, Mr. Brown, Ms.
Eckenrode and Robert Foster of Defendant Jack Gaughen
Realtors left the office unit to view the model unit next door.
10. While traversing the steps between the office unit and the model
unit, the Plaintiff tripped on the raised portion of the driveway
above the top step and severely injured her left knee.
11. Plaintiff was shaken but continued her tour of the model unit.
12. Approximately one week later, on or about March 18, 2000, the
Plaintiff sought medical treatment from her family doctor in Long
Beach, New York.
13. Eventually, the Plaintiff's injuries from the aforementioned fall
required an arthroscopy, meniscectomy and open excision of the
left knee on July 5, 2000.
14. At all times relevant to this matter, the Defendant had a duty to
construct and maintain common areas of the condominium
premises in a reasonably safe manner for the use of persons
such as Plaintiff likely to be on the premises and further to warn
Plaintiff that the top step was not even with the driveway.
15. The Plaintiffs injuries to her left knee were proximately caused by
the aforementioned fall due to the negligence, carelessness and
recklessness of Defendant Courtyards of Carlisle as follows:
3
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LAW OFFICES OF
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1. Failing to comply with PM303.3 of the BOCA Code,
adopted by the Borough of Carlisle, which directs
that sidewalks, stairs etc. be kept and maintained
free from hazardous conditions;
2. Failing to inspect the stairs for defects;
3. Failing to insure the steps were constructed in a
safe and proper manner;
4. Failir9 to otherwise comply with the Carlisle
Borough Building Code Regulations; and
5. Otherwise failing to exercise due diligence in the
construction and placement of the steps without
negligence, carelessness and recklessness toward
the Plaintiff and all persons using the steps who
would likely to be injured thereon.
16. At all times relevant to this matter, Plaintiff exercised due care for
her own safety while on the Defendant's premises.
17. Plaintiff's injuries from the fall caused her to be unable to stand
and walk without significant pain and resulted in her forced
separation from her usual employment as a clerk.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
rEPHENJ. HOGG other relief as this Court deems just and proper.
9 s. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
4
.
LAW OFFICES OF
rEPHENJ.HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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COUNT II
Rose Brown, Plaintiff v. Your Towne Builders
18. Paragraphs 1-17 as set forth above are incorporated herein.
19. Plaintiff's injuries to her left knee were proximately caused by
the aforementioned fall due to the additional negligence,
carelessness and recklessness of Defendant Your Towne
Builders as follows:
1. Failil")g to place the steps in a safe and secure
position and allowing a defective condition to exist
for persons using the steps to travel between the
office unit and model unit.
2. Failing to place warning signs or other warning
devices alerting persons using the steps that the top
step was not flush with the adjoining macadam
driveway.
20. Otherwise failing to exercise due diligence in the construction and
placement of the steps without negligence, carelessness and
recklessness toward the Plaintiff and all persons using the steps
who would likely to be injured thereon.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
other relief as this Court deems just and proper.
5
.
LAW OFFICES Or:
rEPHEN J. HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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COUNT III
Rose Brown, Plaintiff v. Jack Gaughen Realtors
21. Paragraphs 1-20 as previously set forth are incorporated herein.
22. Plaintiffs injuries to her left knee were proximately caused by
the aforementioned fall due to the additional negligence,
carelessness and recklessness of Defendant Jack Gaughen
Realtors as follows:
1. Failing to verbally warn the Plaintiff or otherwise
make her aware of the existence of the dangerous
conditiqn on the steps.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
other relief as this Court deems just and proper.
Date: I~j yo (
, (
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Stephen J. Ho I quire
Attorney for Plall")f
19 S. Hanover Street, Ste. 101
Carlisle, PA 17013
(717) 245-2698
6
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LAW OFFICES OF
rEPHENJ.HOGG
9 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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VERIFICATION
I verify that the statements made in this Complaint to the Court
of Common Pleas of Cumberland County, Pennsylvania, are true and
correct. I understand that false statements herein are made subject to
the penalties of 19 Pa. Section 4904, relating to unsworn falsifications
to authorities.
II ;/2/0(
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LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE COURT
OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION-LAW
NO. 01-6409
CIVIL TERM
: JURY TRIAL DEMANDED
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY OF SAID COURT:
Please reinstate the attached Complaint in the above captioned
matter to be served upon Defendant Your Towne Builders, Inc. at 2137
Embassy Drive, Lancaster, Pennsylvania. Thank you for your attention
in this matter.
Date: (fl/ f0 z-
,//
./' Stephen J. Hogg,
ire
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Jesse R. Ruhl, Esquire
Attorney !.D. No. 55798
350 West Market Street
York, PA 17013
(717)854-0066
ROSE BROWN,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
: CIVIL ACTION - LAW
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
: NO. 01-6409
Defendants.
: JURY TRIAL DEMANDED
REPLY TO NEW MATTER AND CROSS CLAIM OF DEFENDANT JACK GAUGHEN
REALTORS BY COURTYARDS OF CARLISLE
NOW COMES Defendant Courtyards of Carlisle, by its counsel, Jesse Raymond Ruhl,
Esquire, and files the within Reply to New Matter and Cross Claim of Defendant Jack Gaughen
as follows:
23. The averments contained in paragraph 23 of Defendant's New Matter require no
response.
24. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 24 of Defendant's New Matter. Strict proof thereof, ifrelevant, is demanded at
trial.
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25. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 25 of Defendant's New Matter. Strict proofthereof, if relevant, is demanded at
trial.
26. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 26 of Defendant's New Matter. Strict proof thereof, if relevant, is demanded at
trial.
27. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to fonn a belief as to the truth of the averments contained in
paragraph 27 of Defendant's New Matter. Strict proof thereof, ifrelevant, is demanded at
trial.
28. Denied. It is specifically denied that any of Plaintiffs injuries, all of which are denied,
were caused by the negligence, recklessness and/or carelessness of Responding Defendant
by its acts or omissions, all of which is denied.
29, Denied. It is specifically denied that Responding Defendant is the party primarily liable
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for Plaintiffs injuries. It is also denied that Responding Defendant is liable over to
Gaughen by way of contribution or indemnification for any damages required to be paid
to Plaintiff, all of which is denied.
WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and
against Plaintiff, together with costs of suit.
REPLY TO CROSS CLAIM
30. The avennents contained in paragraph 30 of Defendant Gaughen's Cross Claim require
no response.
31. Denied. It is specifically denied Defendant Courtyards of Carlisle is solely liable to
Plaintiff as a result of acts and/or omissions of Replying Defendant. It is also denied that
Defendant may be jointly or severally liable for Plaintiffs injuries and/or damages, all of
which is denied.
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WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and
against Plaintiff, together with costs of suit.
LAW OFFICES OF JESSE RAYMOND RUHL
DATED: January 17, 2002
By:
e Raymond Ruhl, Esquire
Attorney J.D. # 55798
350 West Market Street
York,PA 17013
(717) 854-0066
(717) 854-4339 (fax)
Attorney for Defendant Courtyards of
Carlisle
C:\Documents\Files\Courtyards (brown v,)\reply to new matter.wpd
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Certificate of Service
I hereby certify that on January 17, 2002, a true and correct copy of the foregoing Answer
with New Matter and Cross Claim was served by first class mail, postage prepaid, upon the
following:
Stephen J. Hogg, Esquire
19 South Hanover Street
Carlisle, PA 17013
Paige Macdonald-Mathes
SAUL EWING LLP
2 North Second Street, 7th Floor
Harrisburg,PA 17101
Your Towne Builders
2137 Embassy Drive
Lancaster, P A 17604
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BARRY A. KRONTHAL, ESQUIRE
Pa. Supreme Court I.D. No. 55672
MARGOLIS EDELSTEIN
P. O. Box 932
Harrisburg, P A 17108-0932
Telephone: (717) 975-8114
Facsimile: (717) 975-8124
E-Mail: bkronthal@margolisedelstein.com
Attorneys for
Your Towne Builders, Inc.
File#
ROSE BROWN
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
CIVIL ACTION-LAW
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS
Defendants
NO. 01-6409
CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Jack Gaughen Realtors
c/o Paige Macdonald-Matthew
2 North Second Street, 7m Floor
Harrisburg, PA 17101
Courtyards of Carlisle
33 North Market Street
Lancaster, PA 17603
YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER, NEW MATTER
AND CROSSCLAIMS OF DEFENDANT, YOUR TOWNE BUILDERS, INC., within twenty
(20) days from service hereof, or a default judgment may be entered against you.
Respectfully submitted,
M
B Y A. KRONTHAL
Attorney I.D. #55672
3510 Trindle Road
Camp Hill, PA 17011
717-975-8114
DATE: ,/3,/02...
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BARRY A. KRONTHAL, ESQUIRE
Pa. Supreme Court 1.0. No. 55672
MARGOLIS EDELSTEIN
P. O. Box 932
Harrisburg, P A 17108-0932
Telephone: (717) 975-8114
Facsimile: (717) 975-8124
E-Mail: l>kronthal@margolisedelstein.com
Attorneys for
Your Towne Builders, Inc.
File#
ROSE BROWN
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
CIVIL ACTION-LAW
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS
Defendants
NO. 01-6409
CIVIL TERM
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANT.
YOUR TOWNE BUILDERS. INC..
TO THR CROSS-CLAIM OF DEFENDANT. JACK GAUGHEN REALTORS
AND NOW, comes Defendant, Your Towne Builders, Inc. ("Your Towne Builders"), by
and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter to the
Cross-Claim of Defendant, Jack Gaughen Realtors ("Jack Gaughen"), averring the following in
support thereof:
ANSWER TO CROSSCLAIM PURSUANT TO PA. R.C.P. 2252(d)
DIRECTED TO COURTYARDS OF CARLISLE AND
YOUR TOWNE BUILDERS. INC.
30. Denied. The averments ofthis paragraph state a conclusion oflaw to which no
response is required and they are, therefore, denied. By way of further answer, Your Towne
Builders, incorporates by reference herein as if set forth in their entirety, all answers filed in
response to the Complaint of Plaintiff, Rose Brown ("Plaintiff').
31. Denied. The averments of this paragraph state a conclusion of law to which no
response is required and they are, therefore, denied.
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WHEREFORE, Your Towne Builders, Inc., demands judgment in its favor and against
Defendant, Jack Gaughen Realtors, with costs assessed to Jack Gaughen Realtors.
NEW MATTER
32. The answers contained in paragraphs 30 and 31 inclusive hereof, are incorporated by
reference herein as if set forth in their entirety.
33. Plaintiffs claims, if any, are barred by the applicable statute oflimitations.
34. Plaintiffs claims, if any, are barred by the doctrines of contributory and comparative
negligence and assumption ofthe risk.
35. Plaintiff has failed to state a claim upon which relief can be granted.
36. Plaintiffs claims, if any, are barred by her failure to mitigate her damages.
37. Plaintiffs injuries and/or damages, ifany, were proximately and directly caused by
the negligent, careless and/or reckless conduct of persons and/or entities over whom Your
Towne Builders had no control and for whom Your Towne Builders is not legally or otherwise
responsible.
38. At all times relevant hereto, the subject area where Plaintiff allegedly fell, was
properly designed, constructed and/or maintained in accordance with all relevant standards and
statutory and code provisions, and did not pose a danger in anyway to Plaintiff or any other
persons.
39. To the extent that there was a hazardous or dangerous condition in the subject area
which is specifically denied, then Your Towne Builders did not have notice or have reason to
have notice of said condition.
40. It is specifically denied that Plaintiff was a business invitee.
41. At all times relevant hereto, all reasonable and necessary safety precautions were
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taken in the area where Plaintiff allegedly fell.
42. Jack Gaughen has failed to state upon which relief can be granted.
43. Jack Gaughen's claims, if any, are barred by the applicable statute oflimitations.
WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its
favor and against Defendant, Jack Gaughen Realtors, with costs assessed to Jack Gaughen
Realtors.
CROSS-CLAIM PURSUANT TO PA. R.C.P NO. 225Ud)
YOUR TOWN BUILDERS. INC. V. COURTYARDS OF CARLISLE AND
JACK GAUGHEN REALTORS
42. The answers contained in Paragraphs 30 through 43 inclusive hereof, are
incorporated by reference herein as if set forth in their entirety. Further, the allegations set forth
against Defendants, Jack Gaughen Realtors and Courtyards of Carlisle ("collectively referred to
as "Defendants"), in Plaintiff's Complaint are incorporated by reference herein, without
admission or adoption, as if set forth in their entirety.
43. The negligence, recklessness, and/or carelessness of Defendants exceeds any
negligence on the part of Your Towne Builders, with the existence of any negligence on the part
of Your Towne Builders being expressly denied.
44. Your Towne Builders aver that Defendants are solely liable to Plaintiff on her cause
of action.
45. Alternatively, ifit is determined that Your Towne Builders is liable to Plaintiff, with
said liability being specifically denied, then Defendants are jointly and severally liable with
Your Towne Builders on Plaintiff's cause of action and/or Defendants are liable over to Your
Towne Builders by way of contribution.
WHEREFORE, to the extent that Plaintiff, Rose Brown, is entitled to recover on her
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Complaint, Defendant, Your Towne Builders, Inc., demands judgment against Defendants,
Courtyards of Carlisle and Jack Gaughen Realtors, on the basis that they are solely liable to
Plaintiff on Plaintiffs cause of action, liable over to Your Towne Builders by way of
contribution and/or jointly and severally liable with Your Towne Builders on Plaintiffs cause of
action, with any liability on the part of Your Towne Builders, Inc. being expressly denied.
MARGOLIS EDELSTEIN
DATE: ($1 CL
A. Kronthal, Esquire
ey No. 55672
3510 Trindle Road
Camp Hill, P A 17011
717-975-8114
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I, the undersigned, do hereby certify that I have this ,j I day of \ h nJ IIlIA "002,
served a true and correct copy of the foregoing upon the person(s) and in ~cated
below:
Service bv First Class Mail.
Postage Prepaid. Addressed as Follows:
Stephen 1. Hogg, Esquire
19 S. Hanover Street, Suite 101
Carlisle, P A 17013
Paige Macdonald-Matthes
2 North Second Street, 7ili Floor
Harrisburg, P A 1710 I
Courtyards of Carlisle
33 North Market Street
Lancaster, PA 17603
MARGOLIS EDELSTEIN
(1QonWvlJ
By:
Carol Moose
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VERIFICATION
I, Barry A. Kronthal, have read the foregoing Answer and New Matter. The
factual statements contained therein are true and correct to the best of my knowledge,
information and belief. I am authorized to make this Verification on behalf of my client.
This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities, which provides that ifI knowingly make false
averments, I may be subject to criminal penalties.
Date: (:;11112-
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Jesse R. Ruhl, Esquire
Attorney I.D. No. 55798
350 West Market Street
York, PA 17013
(717)854-0066
ROSE BROWN,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
: CNIL ACTION - LAW
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
: NO.: 01-6409 Civil
Defendants.
: JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
COUNT I
NOW COMES Defendant Courtyards of Carlisle, by its counsel, Jesse Raymond Ruhl,
Esquire, and files the within Answer with New Matter to Plaintiffs Complaint as follows:
1. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 1 of Plaintiffs , Complaint. Strict proof thereof, if relevant, is demanded at
trial.
2. Admitted.
3. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
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information sufficient to form a belief as to the truth of the averments contained in
paragraph 3 of Plaintiffs , Complaint. Strict proof thereof, if relevant, is demanded at
trial.
4. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 4 of Plaintiffs' Complaint. Strict proofthereof, if relevant, is demanded at
trial.
5. Denied. It is specifically denied that Courtyards of Carlisle was in possession and control
of an office and model unit, as well as the common areas at this location, all of which is
denied.
6. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 6 of Plaintiffs' Complaint. Strict proof thereof, ifrelevant, is demanded at
trial.
7. Denied. It is specifically denied that the two (2) steps were constructed in such a way that
the top step was not flush with the adjoining blacktop driveway, and was approximately 7
inches lower, all of which is denied.
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8. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 8 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at
trial.
9. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 9 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at
trial.
10. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 10 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at
trial.
II. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph II of Plaintiffs' Complaint. Strict proof thereof, ifrelevant, is demanded at
trial.
12. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
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information sufficient to form a belief as to the truth of the averments contained in
paragraph 12 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at
trial.
13. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 13 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at
trial.
14. Denied. The averments contained in paragraph 14 of Plaintiffs Complaint are
conclusions oflaw to which no response is required. To the extent a response is required,
the averments are denied.
15. Denied. It is specifically denied that Plaintiff s injuries to her left knee, all of which are
denied, were proximately caused by the negligence, carelessness and recklessness of
Defendant Courtyards of Carlisle. It is also specifically denied that Defendant Courtyards
of Carlisle was negligent by:
1. Failing to comply with PM303.3 of the BOCA Code, adopted by the
Borough of Carlisle, which directs that sidewalks, stairs etc. be kept and
maintained free from hazardous conditions;
2. Failing to inspect the stairs for defects;
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3. Failing to insure the steps were constructed in a safe and proper manner;
4. Failing to otherwise comply with the Carlisle Borough Building Code
Regulations; and
5. Otherwise failing to exercise due diligence in the construction and
placement of the steps without negligence, carelessness and recklessness
toward the Plaintiff and all persons using the steps who would likely to be
injured thereon, all of which are denied.
16. Denied. Afterreasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 16 of Plaintiffs , Complaint. Strict proofthereof, if relevant, is demanded at
trial.
17. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
paragraph 17 of Plaintiffs , Complaint. Strict proof thereof, if relevant, is demanded at
trial.
WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and
against Plaintiff, together with costs of suit.
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COUNT II
Rose Brown v. Your Towne Builders
18-20. Answering Defendant is advised by Counsel that the averments contained in Count II of
Plaintiff's Complaint are directed at Defendants other than Answering Defendant, and
that a response thereto is not required. To the extent a response is deemed necessary, the
averments are denied.
WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and
against Plaintiff, together with costs of suit.
COUNT III
Rose Brown v. Jack Gaughen Realtors
21-22. Answering Defendant is advised by Counsel that the averments contained in Count ill of
Plaintiff's Complaint are directed at Defendants other than Answering Defendant, and
that a response thereto is not required. To the extent a response is deemed necessary, the
averments are denied.
WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and
against Plaintiff, together with costs of suit.
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NEW MATTER
23. Plaintiff s injuries, all of which are denied, were caused by the acts or conduct of others
for whom Answering Defendants assumed no responsibility or over whom Answering
Defendant exercised no control.
24. Plaintiff s claims are barred in whole or in part by application of the statute oflimitations.
NEW MATTER CROSSCLAlM
PURSUANT TO Pa.R.Civ.P.2252(d)
In the event Answering Defendant is held liable to Plaintiff, all of which is denied, then
co-Defendants are liable over to Answering Defendant, jointly and/or severally liable with
Answering Defendant to Plaintiff, and/or liable to Answering Defendant for contribution and/or
indemnification. The bases of the liability of Co-Defendants to Answering Defendant are the
Co-Defendants contractual obligations to Answering Defendant, their status as independent
contractors, and their representations and warranties made to Plaintiff and Answering Defendant,
if any.
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WHEREFORE Courtyards of Carlisle demands judgment in its favor and against Co-
Defendants Your Towne Builders, Inc. and Jack Gaughen Realtors for contribution and
indemnification.
LAW OFFICES OF JESSE RAYMOND RUHL
DATED: February 1, 2002
By:
Je e Raymon Ruhl, Esquire
P A Attorney LD. # 55798
350 West Market Street
York,PA 17013
(717) 854-0066
(717) 854-4339 (fax)
Attorney for Defendant Courtyards of
Carlisle
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VERIFICATION
Jesse Raymond ROOI, Esquire, states that he is the attorney for the Defendants hereto, that
he is acquainted with the facts set forth in the foregoing Answer with New Matter and Cross
Claim, that the Verification of the Answering Defendant could not be obtained in the time
required for a response to be filed, that the facts set forth herein are true and correct to the best of
his knowledge, information and belief; and that this statement is made subject to the penalties of
18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
Jesse ond Ruhl, Esquire
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Certificate of Service
I hereby certif'y that on February 1, 2002, a true and correct copy of the foregoing Answer
with New Matter and Cross Claim was served by first class mail, postage prepaid, upon the
following:
Stephen J. Hogg, Esquire
19 South Hanover Street
Carlisle, P A 17013
Paige MacDonald-Mathes
SAUL EWING LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
YOUR TOWNE BUILDERS
2137 Embassy Drive
Lancaster, PA 17604
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BARRY A. KRONTHAL, ESQUIRE
Pa. Supreme Court I.D. No. 55672
MARGOLIS EDEI.8TEIN
P. O. Box 932
Harrisburg, PA 17108-0932
Telephone: (717) 975-8114
Facsimile: (717) 975-8124
E-Mail: bkronthal@margolisedelstein.com
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Attorneys for
Your Towne Builders, Inc.
File#38500.4-00036
ROSE BROWN
Plaintiff
v
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 01-6409
CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter my appearance on behalf of Defendant, Your Towne Builders, Inc., with
regard to the above-referenced matter. I am authorized to accept service on behalf of said
participant in this matter.
Date: .;;2-/ f' /0 2-
Barry onthal
LD. No. 55672
P.O. Box 932
Harrisburg, PA 17108-0932
(717) 975-8114
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to
Enter Appearance on all counsel of record by placing the same in the United States mail at Camp
Hill, Pennsylvania, first-class postage prepaid, on the g day of~...hrut~02,
and addressed as follows:
Stephen J. Hogg, Esquire
19 S. Hanover Street, Suite 101
Carlisle, P A 17013
4
Paige Macdonald-Matthes
2 North Second Street, 7th Floor
Harrisburg, PA 17101
Courtyards of Carlisle
33 North Market Street
Lancaster, PA 17603
MARGOLIS EDELSTEIN
By: QJ:Orn~
Carol Moose
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STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
: IN THE CO,URT
; OF COMMON PLEAS
: CUMBERLAND COUNTY,
; PENNSYLVANIA
v.
CIVIL ACTION-LAW
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
NO. 01-6409
CIVIL TERM
; JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO NEW MATTER
FROM OEFENDANT COURTYARDS OF CARLISLE
Plaintiff files this Answer To New Matter raised by Defendant
Courtyards of Canisle through her Attorney Stephen J. Hogg, Esquire
and avers again all allegations raised in her Complaint as if fully set
forth herein and adds the following:
23. It is denied that Defendant Courtyards of Carlisle assumed no
responsibility or exercised no control over the acts or conduct of
others in causing the Plaintiffs injuries.
24. It is denied that Plaintiffs claims are barred in whole or in part .
by the applicable statute of limitations.
Date: ?--(( t(oz
Stephen J. Hogg,
Attorney for Plaintiff
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LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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CERTIFICATE OF SERVICE
I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby
certify that I did on this day serve one true and correct copy of the
attached Plaintiffs Answer To New Matter by United States Mail, postage
pre-paid, addressed to the following:
Paige MacDonald-Mathes
2 North Second Street, ih Floor
Harrisburg, PA 17101
Jesse Raymond Ruhl
350 West Market Street
York, PA 17401
Barry A. Kronthal
Margolis Edelstein
P.O. Box 932
Harrisburg, PA 17108
Date:
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Stephen J. Hogg
Attorney for Plaintiff
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
DOCKET NO. 01-6409
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.
and JACK GAUGHEN REALTORS,
Defendants
CIVIL TERM
JURY TRIAL DEMANDED
JACK GAUGHEN REALTOR'S REPLY TO NEW MATTER AND CROSSCLAIM
FILED BY DEFENDANT COURTYARDS OF CARLISLE
AND NOW, comes Defendant, Jack Gaughen Realtors ("Gaughen"), by and through its
counsel, Saul Ewing LLP, and hereby files its Reply to New Matter and Crossclaim of Defendant
Courtyards of Carlisle ("Courtyards") and in support thereof avers as follows:
23. The averments set forth in Paragraph 23 of Courtyards' New Matter state
conclusions oflaw to which no response is required.
24. The averments set forth in Paragraph 24 of Courtyards' New Matter are addressed
to Plaintiff and thus no response is required from Gaughen.
WHEREFORE, Defendant Jack Gaughen Realtors demands judgment in its favor and
against Defendant Courtyards of Carlisle, with costs assessed to Courtyards of Carlisle, and all
such other relief as is proper and just.
NEW MATTER CROSSCLAIM PURSUANT TO Pa. RC-P. 2252(d)
The averments set forth in the New Matter Crossclaim filed by Courtyards state
conclusions oflaw to which no response is required. In the. event that it is later judicially
determined that an answer is so required, the averments set forth in the New Matter Crossclaim
87541.12/13/02
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of Courtyards are denied. It is denied that Gaughen is jointly and/or severally liable with
Courtyards and/or Your Town Builders to Plaintiff, and it is further denied that Gaughen is liable
to Courtyards of Carlisle for contribution and/or indemnification. By way of further reply, it is
expressly denied that Gaughen made any representations and/or warranties to Plaintiff, or to
Courtyards of Carlisle.
WHEREFORE, Defendant Jack Gaughen Realtors demands judgment in its favor and
against Defendant Courtyards of Carlisle, with costs assessed to Courtyards of Carlisle, and all
such other relief as is proper and just.
Respectfully submitted,
~~~(Jv..rD;:;-~.
Paige Macdonald-Matthes
Attorney ID No. 66266
SAUL EWING LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
(717) 238-7675
Date: February 13, 2002
Attorney for Jack Gaughen Realtors
87541.12113/02
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VERIFICATION
I, Karen Stone, Executive Vice President of Jack Gaughen, Inc., being subject to the
penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, hereby state that the
facts set forth in the foregoing attached Reply to New Matter and Crossclairn (filed by
Courtyards of Carlisle) are true and correct to the best of my knowledge, information and belief.
Dated: February 1-, 2002.
JACK GAUGHEN, INC.
BY:
87541.12/4102
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CERTIFICATE OF SERVICE
I, Paige Macdonald-Matthes, Esquire, hereby certify that on this 13th day of
February, 2002, I served a true and correct copy ofthe foregoing Reply to New Matter and
Crossclaim (filed by Courtyards of Carlisle) via Regular US Mail, upon the following:
Courtyards of Carlisle
33 North Market Street
Lancaster, P A 17603
Stephen J. Hogg, Esquire
19 S. Hanover St., Ste. 101
Carlisle, PA 17013
Barry A. Kronthal, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, P A 17011
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
DOCKET NO. 01-6409
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.
and JACK GAUGHEN REALTORS,
Defendants
CIVIL TERM
JURY TRIAL DEMANDED
JACK GAUGHEN REALTOR'S REPLY TO NEW MATTER AND CROSSCLAIM
FILED BY DEFENDANT YOUR TOWNE BUILDERS, INC.
AND NOW, comes Defendant, Jack Gaughen Realtors ("Gaughen"), by and through its
counsel, Saul Ewing LLP, and hereby files its Reply to New Matter and Crossclaim of Defendant
Your Towne Builders, Inc. ("YTB") and in support thereof avers as follows:
32. Incorporation paragraph - no response required.
33-41. The averments set forth in paragraphs 33-41 ofYTB's New Matter are addressed
to Plaintiff, and thus no response is required from Gaughen.
42. The averments set forth in paragraph 42 ofYTB's New Matter state conclusions
of law to which no response is required.
43. The averments set forth in paragraph 43 ofYTB's New Matter state conclusions
of law to which no response is required.
WHEREFORE, Defendant, Jack Gaughen Realtors demands judgment in its favor and
against Defendant Your Towne Builders, Inc., with costs assessed to Your Towne Builders, Inc.,
and all such other relief as is proper and just.
87507.12/13/02
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CROSS CLAIM PURSUANT TO R.C.P. 2252(d)
YOUR TOWNE BUILDERS, INC. V. COURTYARDS OF CARLISLE
AND JACK GAUGHEN REALTORS
42. Incorporation paragraph - no response required.
43. The averments set forth in paragraph 43 ofYTB's Crossclaim state conclusions of
law to which no response is required. In the event that it is later judicially determined that an
answer is so required, it is denied that Gaughen was in any way "negligent", "reckless" or
"careless", It is further denied that the "negligence, recklessness and/or carelessness of
[Defendant Gaughen] (which negligence, recklessness and/or carelessness is expressly denied)
exceeds any negligence on the part of Your Towne Builders."
44. The averments set forth in paragraph 44 of Defendant YTB's Crossclaim state
conclusions oflaw to which no response is required. In the event that it is later judicially
determined that an answer is so required, it is denied that Gaughen is "solely liable to Plaintiff on
her cause of action." To the contrary, Gaughen believes and therefor avers that Defendants Your
Towne Builders and Courtyards of Carlisle are jointly and severally liable to Plaintiff on her
cause of action.
45. The averments set forth in paragraph 45 ofYTB's Crossclaim state conclusions of
law to which no response is required. In the event that it is later judicially determined that an
answer is so required, it is denied that "Defendant Gaughen [is] "jointly and severally liable with
Your Towne Builders on Plaintiff's cause of action and/or Defendant Gaughen [is] liable over to
Your Towne.Builders by way of contribution."
87507.12113/02
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WHEREFORE, Defendant, Jack Gaughen Realtors demands judgment in its favor and
against Defendant Your Towne Builders, Inc., with costs assessed to Your Towne Builders, Inc.,
and all such other relief as is proper and just.
Respectfully submitted,
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Paige Macdonald-Matthes
Attorney ill No. 66266
SAUL EWING LLP
2 North Second Street, 7'" Floor
Harrisburg, P A 17101
(717) 238-7675
Date: February 13, 2002
Attorney for Jack Gaughen Realtors
87507.12f13/02
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VERIFICATION
I, Karen Stone, Executive Vice President of Jack Gaughen, Inc., being subject to the
penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, hereby state that the
facts set forth in the foregoing attached Reply to New Matter and Crossclaim are true and correct
to the best of my knowledge, information and belief.
Dated: February L, 2002.
BY:
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87507,12/4/02
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CERTIFICATE OF SERVICE
I, Paige Macdonald-Matthes, Esquire, hereby certify that on this 13th day of
February, 2002, I served a true and correct copy of the foregoing Reply to New Matter and
Crossclaim via Regular US Mail, upon the following:
Courtyards of Carlisle
33 North Market Street
Lancaster, P A 17603
Stephen J. Hogg, Esquire
19 S. Hanover St., Ste. 101
Carlisle, P A 17013
Barry A. Kronthal, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, P A 17011
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Paige Macdonald-Matthes, Esquire
87507.12/13/02
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SHERIFF'S RETURN - OUT OF COUNTY
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C~SE NO: 2001-06409 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
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BROWN ROSE
VS
COURTYARDS OF CARLISLE ET AL
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:
YOUR TOWNE BUILDERS INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January
31st , 2002 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lancaster Co
18.00
9.00
10.00
32.33
.00
69.33
01/31/2002
STEPHEN HOGG
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R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
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SHERIFF>'S OFF'IC~E
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50 NORTH DlIKE ETHEET, I ',0. BOX D3480, LANCASTER, PENNSYLVANIA 17608.3480 . (717) 299.8200
SHERIFF SERVICe-- -----r-------PL.EASE T~,.;::LJ .
PROCESS RECEIPT, and AFFIDAVIT OF RETUR~_~NOt DETACH A:.{.~i
1, PLAIN~FP/S/ 2 COURT NUMBER
Rose Brawn 01-6409 civil
3. DEFENDANT /S/ 4 TYPE OF WRIT OR COMPLAINT
reins ated
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Courtyards of Carlisle et al
SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETG" TO BE SERVED.
. ~ Your Towne Builders. Inc.
... 6. ADDRESS (Street or RFO, Apartment No., City, Boro. Twp" State and ZIP Code)
AT 2137 Embassy Drive Lancaster, PA 17603
7. INOICATE UNUSUAL SERVICE ,-'DEPUTIZE 0 OTHER ~
Now, ~:~:I~ 18 20 ....QL_ , I, SHERIFF OF ~ COUNTY, PA., dOll~b . putize the~1 f
L Ler County 'to execute this Wri~'n ~eo i"n
to law. This deputation being made at the request and risk of the plaintiff. ...,.,.
, SHEAIFFOF co Y
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, Cumberland
canplaint
CUMBERLAND CO
NOTE ONLY APPLICABLE ON WRIT ~F EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching allY property under
within writ may leave same without a.watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff ~o any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9"SIGNATURE of ATTORNEY or' other ORIGINATOR 10. TEL'EPHONE NUMBER~11. DATE
(717) 245-2698 1/15/02
Q~RPHRN HOGG ES9
12. SEND NOTICE OF SERVICE COpiV TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is Ilo be mailed)
CUMBERLAND CO SHERIFF'S OFFICE
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16. I hereby CERTIFY and RETURN that I 0 have personally served, ~al evidence of service as shown in "Remarks", 0 have executed as shown in
"Remarks". the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor~
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17.0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc" named above. (See remarks below)
III Name and tilIeof &'~if:1 Sh:;:';;~:latio;;;;;;;t~ . 19 D:'~:':..BeIOW(N030)
20. Address of where served (complete only if different than shown above) (Stieet orA ,Apartment No., CIty, Boro, Twp, 21. Date of Service 22, Time
Slale and Zip Code) /50
...:S.'lE..~j$.ftIiU .'. .ilil~"if'e;QM\4;l""'~RJ".tjWA'iI!"1IStICi~*df_i
NAME 01 Aulhorizad LeSO DWlty .Qr6C1<l['
ANNETTE WALTON 717-2~~-~ ,o~
14. Date Received
1/22/02
t 5, Expiration/Hearing date
2/14/02
23. ATTEMPTS
Dep.lnt.
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24. Advance Costs
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30. REMARKS.
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SHEflIFF S,ERVI:E ----~ 'l ------PI.EASE TY~E
-"PROCESS RECEIPT an("!lFFI[,AVIT OF RHURN __ pO NOT DIETACH ANY caRies.
1. PLAINTIFF/SI j 2 COLIRr NUMBER
Ro':~€ Ex ('V,^1J ! I} l >
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7. IND~ATE UNUSUAL SERVICE ..i!J'DEPUTIZE CJ OTHER.'- ." .. ..
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to law. This deputation being made at the request and risk of the plaintiff. r. ,,~ ~-< .~~
SHERIFF~ COUNT.
8. SPECIAL INSTRUCTIONS OR OTHER1NFORMATION THAT WILL ASSIST lN EXPEDITING SERVICE"']':''Y'l'',K]
CUMBERI,AND GO
'NOTE,ONlY'AP,~L'CAB1..:EO~_"WR,IT'OF E)(ECUTION:_N"B.'WAIVER,Or=-W~TtHMAN ,-:-Any deputy sheriff levying,upon or attaching a.,y property L!nder
within writ may lea\ie:sanle:withouta watchman, in custodyof'whomever is found iri'possession, after notifying person of levyoratlachment, without liability on
the p,art of such dep~ty or the' sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. ,SIGNATlJRE of ATTORNEY or'other ORIGINATOR 1 Q. TELEPHONE'NUMBEFI 11. DATE
('7,1::J': ;~~'1:S~'~l.5~?8
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~'1'~P'RF.N HOGG 'ESp
12. .SEND NOTICE OF SI:RVICE COpy TO NAME AND ADDRESS BELOW: (This area must~be' completed if netice is to be mailed)
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15, Expl'rationlRearing date
13.' ackn()wledg,e receipt of the writ I ."'~ .I 1 ,~ /{"\ ':-
circomplaintasindicatedabo-ve. ,-, ~c, '-"
16. I hereby,CERTIFY and RETURN that I 0 have personally served,~'I;gal evij:le,nce of service a~ shown in "Remarks", 0 have executed as shown in
"Remarks", the:writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor-
poration, etc" at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17.0 Ihe'reby certify a'nd'return a NOT,FOUND' because f am unable'to 16cate the iildiv-iduai. 'company, corporation'; atc" nam~d above. (See remarks below)
18, Name and title of indiv.. ual served (If not shown above) (Relationship 10 Defendant) 19. DI~oService
j,fJ. .'. /A.h~fl -. ,~'/I"";">e /7/4M,I';;IQI':"A: "eeR,m"k,Below(No.30)
, , t' 20, Address of where served (cQmplete only if difterenlthan shown above) (Street'or D, Apartment No., City, Bora, Twp. 21, Date of'Servlce 22
State and lip Code)
Time
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30, REMARKS.
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Defendant Courtyards of Carlisle in the
above matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
by: -p:..R.. . <
Brooks R. Foland, Esquire
I.D. No. 70102
Kimberly A. Bohle, Esquire
1.0. No. 87565
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
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CERTIFICATE OF SERVICE
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AND NOW, this ~ day of 9 J' vt~ , 20~I, Coleen M. Polek,
of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct
copy of the foregoing document by placing a copy of the same in the United States Mail,
postage prepaid, to the following:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
ih Floor
Harrisburg, PA 17101
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ROSE BROWN,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION - LAW
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
: NO.: 01-6409 Civil
Defendants.
: JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of the undersigned on behalf of Courtyards of Carlisle.
March 25, 2002
LAW OFFICE OF JESSE RAYMOND RUHL
Jesse Ra on Ruhl, Esquire
Attorne LD. #55798
350 West Market Street
York, PA 17401
(717) 854-0066
(717) 854-4339 (fax)
Attorney for Defendant Courtyards of Carlisle
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Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
NO. 2001-6409
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INe. and
JACK GAUGHEN REALTORS,
Defendants
CIVIL LAW
JURY TRIAL DEMANDED
CERTIFICATE PRE-REOUISITE TO SERVICE OF SUBPOENAS
As a prerequisite to service of a subpoenas for documents and things pursuant to Rule
4009.22, Defendant, Your Towne Builders, Inc., certifies that:
1. A Notice ofIntent to serve the subpoenas with a copy of the subpoenas attached
thereto was mailed or delivered to each party at least twenty days prior to the date on
which the subpoenas are sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to this
certificate;
3. No objection to the subpoenas has been received; and
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to the notice of intent to serve the subpoenas.
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Bany A. onthal, Esquire
lD. #55672
3510 Trindle Road
Camp Hill, PA 17011
717-975-8114
Attorneys for Defendant,
Your Towne Builders, Inc.
DATED: April 25, 2002
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BARRY A. KRONTBAL, ESQUIRE
Pa. Supreme Court LD. No. 55672
MARGOLIS EDELSTEIN
P. 01. Dox 932
. Barris~rg, PA 17108-0932
Telephone: (717) 975-8114
Facsimile: (717) 975-8124
&oMaU: bkronthal@margoUsedelstein.com
Attorneys for
Defendant, Your Towne Bullden
FileII38500.4-llOO36
ROSE BROWN,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
NO. 2001-6409
COURTYARDS OF CARLISLE, YOUR .
TOWNE BUILDERS, INC., and
JACK GAUGHEN REALTORS,
Defendants
CIVIL TERM
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO ATTEND AND PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendant intends to serve subpoenas identical to the ones 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 subpoenas. Ifno objection is made, the subpoenas may be served.
Respectfully submitted,
MARGOLIS EDELSTEIN
2..
By:
B
I.D 72
35 0 Trindle Road
Camp Hill, PA 17011
717-975-8114
Attorneys for Your Town Builders, Inc.
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ROSE BROWN,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
NO. 2001-6409
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and
JACK GAUGHEN REALTORS,
Defendants
CIVIL LAW
JURY TRIAL DEMANDED
SUBPOENA
To: Harrisburg Hospital
100 South Front Street
Harrisburg, P A 171 0 1
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
iucluding but not limited to, any and all medical records, reports,
correspondence, data, billing records, tests, memoranda or any other matter or
thing in your possession relating to Rose Brown (DOB: 12/1/24- SS#: 126-30-
2419)
At: Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011
You may deliver or mail legible copies of the documents or produce things requested by this subpoeua,
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to appear or to produce the documents or things required by this subpoena, within twenty (20)
days after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
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THIS SUBPOENA WAS ISSUED AT TIffi REQUEST OF TIffi FOLLOWING PERSON:
NAME: Barry A. Kronthal, Esquire
ADDRESS: 3510 Trindle Road
CampHill,PA 17011
717-975-8114
SUPREME COURT ID# 55672
ATTORNEY FOR: Defendant
Date:
Seal of Court
BY TIffi COURT:
By:
Prothonotary/Clerk, Civil Division
Deputy
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ROSE BROWN,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
NO. 2001-6409
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and
JACK GAUGHEN REALTORS,
Defendants
CIVIL LAW
JURY TRIAL DEMANDED
SUBPOENA
To: Orthopedic Surgeons of Central P A
99 November Drive
Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, yon are ordered by the court to produce the
following documents or things:
induding but not limited to, any and all medical records, reports,
correspondence, data, billing records, tests, memoranda or any other matter or
thing in your possession relating to Rose Brown (DOB: 12/1/24- SS#: 126-30-
2419)
At: Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to appear or to produce the documents or things required by this subpoena, within twenty (20)
days after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
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THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Barry A. Kronthal, Esquire
ADDRESS: 3510 Trindle Road
Camp Hill, PA 17011
717-975-8114
SUPREME COURT ID# 55672
AITORNEY FOR: Defendant
Date:
Seal of Court
BY THE COURT:
By:
ProthonotaIy/Clerk, Civil Division
Depuly
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CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Notice of
Intent upon all counsel and parties of record this ~ day of March, 2002, by placing same in
the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as
follows:
Stephen J, Hogg, Esquire
19 South Hanover Street, Suite 101
Carlisle, PA 17013
Paige MacDonald-Mathes
2 North Second Street, 7th Floor
Harrisburg, P A 17101
Jesse Raymond RuW, Esquire
350 West Market Street
York, PA 17401
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By: Patricia L. M~e;rs CdJLlj +I- .1Y\C'OSu
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CERTIFICATE OF SERVICE
I hereby certifY that I have served a true and correct copy of the foregoing Certificate
Prerequisite to Service of Subpoenas upon all counsel and parties of record this J1t1ay Of~
2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
Stephen 1. Hogg, Esquire
19 South Hanover Street, Suite 101
Carlisle, PA 17013
Paige MacDonald-Mathes
2 North Second Street, 7th Floor
Harrisburg, PA 17101
Jesse Raymond Ruhl, Esquire
350 West Market Street
York, PA 17401
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By: Patricia L. Myers ~
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ROSE BROWN,
Plaintiff
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6409
JURY TRIAL DEMANDED
PRA,I;CIPE TO SUBSTITUTE
TO THE PROTHONOTARY:
Please substitute the attached Verification with the Verification originally filed with
Defendant, Courtyards of Carlisle's Answer with New Matter.
by:
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
oks R. 01 nd,
. No. 70
Kimberly A. Bohle, Esquire
1.0. No. 87565
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
Attorneys for Defendant
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Brown v. Courtyards of Carlisle
VERIFICATION
I verify that the facts set forth in the foregoing Answer with New Matter are true and
correct to the best of my information, knowledge and belief. I understand that any false
statements contained herein are made subject to the penalties of 18 Pa. C.SA 94904,
relating to unsworn falsification to authorities.
YJ;t~Ak~
Melody Martin ..
DATED ~/o/ffV
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Brown v. Courtyards of Carlisle
VERIFICATION
I verify that the facts set forth in the foregoing Answer with New Matter are true and
correct to the best of my information, knowledge and belief. I understand that any false
statements contained herein are made subject to the penalties of 18 Pa. C.S.A. ~4904,
relating to unsworn faisification to authorities.
YJJ;~
DATED vf~v
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CERTIFICATE OF SERVICE
AND NOW, this 10th day of June, 2002, I, Kimberly A. Bohle, Esquire, of the law
firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of
the foregoing document by placing a copy of the same in the United States Mail,
postage prepaid, to the following:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
ih Floor
Harrisburg, PA 17101
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
. ". -""(fERflFICATE""'C-"""1i~~";;- 4&
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
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As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas
attached thereto was mailed or delivered to each party at least twenty days in advance of
this Certificate;
2. A copy of the Notice of Intent, including the proposed subpoenas, is
attached to this Certificate;
3. No objections to the subpoenas have been made; and
4. The subpoenas which will be served are identical to the subpoenas which
are attached to the Notice of Intent to Serve Subpoenas.
THOMAS, THOMAS & HAFER, LLP
Date: ~ hbbq
Br oks R. Fola d
I. . No. 70102
Kimberly A. Bohle, Esquire
1.0. No. 87565
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
Attorneys for Defendant
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
i>,,r'o
NOTICE Of INTENT TO SERVE SUBPOENAS TO
. PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21.
, , '"' ' , ,
TO: Counsel and Parties of Record
Defendant, Courtyards of Carlisle, intends to serve subpoenasJdentical to the
ones 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 subpoenas. If
no objection is made, the subpoenas may be served.
THOMAS, THOMAS & HAFER, LLP
Date:
51zlba
Attomeys for Defendant
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: John S. Rychak. M.D. and/or Orthopaedic Surgeons of Central PA. Ud.. 99
November Drive. Camp Hill. PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records. medical reports. diagnostic studies.
notes. correspondence. MRI films. CAT scans. and/or x-ray films re<;larding Rose
Brown. SSN: 136-30-2419: DOB: 12/01/24
at: Thomas. Thomas & Hafer. LLP. 305 N. Front SI.. P.O. Box 999. Harrisburg. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the doculT!ents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WASIISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT ID#: 87565
A HORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Harrisburg Hospital. 111 South Front Street. Harrisburg. PA 17101
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records. medical reports. diagnostic studies.
notes. correspondence. MRI films. CAT scans. and/or x-ray films regarding Rose
Brown. SSN: 136-30-2419: DOB: 12/01/24
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena. together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT ID#: 87565
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO, 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Brian Uniacke. M.D. and/or Family Medicine Center of Cumberland Valley. 5 Willow
Mill Park Road. Suite 101. Mechanicsburg. PA 17050
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records. medical reports. diagnostic studies.
notes. correspondence. MRI films. CAT scans. and/or x-ray films regarding Rose
Brown. SSN: 136-30-2419: DOB: 12/01/24
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA
17108-0999
(Address)
You may deliver or maille9ible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT ID#: 87565
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUilDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Goodwill Industries. 1051 Hummel Avenue. Lemoyne. PA 17043
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all employment records and/or personnel records including.
but not limited to. application for employment. hourly wages. iob description. attendance
records. disciplinary forms. medical records. etc. regarding Rose Brown. SSN: 136-30-
2419: DOB: 12/01/24
at: Thomas. Thomas & Hafer. lLP. 305 N. Front St. P.O. Box 999. Harrisburg. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT ID#: 87565
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
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by depositing the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania addressed as follows:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
ih Floor
Harrisburg, PA 17101
THOMAS, THOMAS & HAFER, LLP
Date:
'5/2.-1102.
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HAFER, LLP do certify that I served the foregoing document on the following person(s),
by depositing the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania addressed as follows:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
yth Floor
Harrisburg, PA 17101
THOMAS, THOMAS & HAFER, LLP
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BARRY A. KRONTHAL, ESQUIRE
Pa. Supreme Court I.D. No. 55672
MARGOLIS EDELSTEIN
P. O. Box 932
Harrisburg, P A 17108-0932
Telephone: (717) 975-8114
Facsimile: (717) 975-8124
E-Mail: bkronthal@margolisedelstein.com
Attorneys for
Your Towne Builders, Inc.
File#
ROSE BROWN
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
CIVIL ACTION-LAW
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS
Defendants
NO. 01-6409
CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Rose Brown
c/o Stephen J. Hogg, Esquire
19 S. Hanover Street, Suite 101
Carlisle, P A 17013
YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW
MATTER OF DEFENDANT, YOUR TOWNE BUILDERS, INC., within twenty (20) days from
service hereof, or a default judgment may be entered against you.
Respectfully submitted,
M
B A.KRONTHAL
Attorney LD. #55672
3510 Trindle Road
Camp Hill, PA 17011
717-975-8114
DATE: /P /Ii (J ~
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BARRY A. KRONTHAL, ESQUIRE
Pa. Supreme Court I.D. No. 55672
MARGOLIS EDELSTEIN
P. O. Box 932
Harrisburg, P A 17108-0932
Telepboue: (717) 975-8114
Facsimile: (717) 975-8124
E-Mail: bkrontbal@margolisedelstein.com
Attorneys for
Your Towne Builders, Inc.
File#
ROSE BROWN
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v
CIVIL ACTION-LAW
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS
Defendants
NO. 01-6409
CIV1L TERM
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANT.
YOUR TOWNE BUILDERS. INC..
TO THE COMPLAINT OF PLAINTIFF. ROSE BROWN
AND NOW, comes Defendant, Your Towne Builders, Inc. ("Your Towne Builders"), by
and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter, to
the Complaint of Plaintiff, Rose Brown ("Plaintiff'), averring the following in support thereof:
1. Denied. After reasonable investigation, Your Towne Builders is without knowledge
or information sufficient to form a belief as to the truth and averments of this paragraph and they
are, therefore, denied.
2. Denied. After reasonable investigation, Your Towne Builders is without knowledge
or information sufficient to form a belief as to the truth and averments of this paragraph and they
are, therefore, denied.
3. Admitted.
4. Denied. After reasonable investigation, Your Towne Builders is without knowledge
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or information sufficient to form a belief as to the truth and averments of this paragraph and they
are, therefore, denied.
5. Admitted in part and denied in part. It is admitted that for some time prior to March
II, 2000, Defendant, Courtyards of Carlisle, was engaged in the business of selling
condominium properties in the 1300 block of North West Street, in the Borough of Carlisle,
Cumberland County, Peunsylvania. The remaining averments of this paragraph state a
conclusion oflaw to which no response is required and they are, therefore, denied.
6. Denied.
7. Admitted in part and denied in part. It is admitted that Your Towne Builders
constructed two steps between the outside driveways at the subject site. The remaining
averments of this paragraph are denied.
8. Denied.
9. Denied.
10. Denied.
11. Denied.
12. Denied.
13. Denied.
14. Denied. The averments ofthis paragraph are directed to a Defendant other than
Your Towne Builders and, therefore, there is no need to answer same. However, to the extent
these paragraphs aver or imply any wrongdoing and/or negligence on the part of Your Towne
Builders, then same are specifically denied.
15. Denied. The averments of this paragraph are directed to a Defendant other than
Your Towne Builders and, therefore, there is no need to answer same. However, to the extent
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these paragraphs aver or imply any wrongdoing and/or negligence on the part of Your Towne
Builders, then same are specifically denied.
16. Denied.
17. Denied.
WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor
and against Plaintiff, Rose Brown, with costs assessed to Plaintiff.
COUNT II
ROSE BROWN, PLAINTIFF V. YOUR TOWNE BUILDERS
18. The answers contained in paragraphs I through 17 inclusive hereof, are incorporated
by reference herein as if set forth in their entirety.
19. Denied.
20. Denied.
WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor
and against Plaintiff, Rose Brown, with costs assessed to Plaintiff.
COUNT III
ROSE BROWN, PLAINTIFF V. JACK GAUGHEN REALTORS
21. The answers contained in paragraphs I through 20 inclusive hereof, are incorporated
by reference herein as if set forth in their entirety.
22. The averments of this paragraph are directed to a Defendant other than Your Towne
Builders and, therefore, there is no need to answer same. However, to the extent these
paragraphs aver or imply any wrongdoing and/or negligence on the part of Your Towne
Builders, then same are specifically denied.
WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor
and against Plaintiff, Rose Brown, with costs assessed to Plaintiff.
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NEW MATTER
23. The answers contained in paragraphs 1 through 22 inclusive hereof, are incorporated
by reference herein as if set forth in their entirety.
24. Ifit is determined that Your Towne Builders is liable to Plaintiffs cause of action
,
Your Towne Builders avers that Plaintiffs recovery should be eliminated or reduced in
accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A.S 7102.
25. It is further averred that if Plaintiff suffered any injuries/damages as alleged, they
were caused solely and primarily by Plaintiff's own carelessness, recklessness and negligence.
26. It is further averred that if Plaintiff suffered any injuries/damages as alleged, they
were caused solely and primarily by the carelessness, recklessness and negligence of third parties
both unknown to Your Towne Builders and over whom Your Towne Builders had no control.
27. It is further averred by Your Towne Builders that if Plaintiff suffered any
injuries/damages as alleged, said Plaintiff by her conduct assumed the risk of those
injuries/damages.
28. Plaintiff has failed to state a claim upon which relief can be granted.
29. At all times relevant hereto, all reasonable and necessary safety precautions were
taken in the area where Plaintiff allegedly fell.
30. Plaintiffs claims, if any, are barred by her failure to mitigate her damages.
31. At all times relevant hereto, the subject steps and area where Plaintiff allegedly fell
were properly designed, maintained and/or constructed in accordance with all relevant standards
and/or statutory and code provisions, and did not pose a danger in any way to Plaintiff, or any
other persons.
32. To the extent there was a hazardous or dangerous condition, which is specifically
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denied, then Your Towne Builders did not have notice or reason to have notice of said alleged
condition.
33. It is further averred by Your Towne Builders that Plaintiffs cause of action is barred
by the appropriate Statute of Limitations.
34. In the event Plaintiff requests damages for delay pursuant to Rule 238 of the
Pennsylvania Rules, Your Towne Builders here challenges the applicability and constitutionality
of said Rule, places it at issue and demands a hearing on the matter.
35. Your Towne Builders avers that Plaintiffs alleged injuries, damages and treatment
are unreasonable and excessive in light ofthe facts of this case.
36. YOur Towne Builders asserts and incorporates, as though fully set forth herein at
length, all defenses in Pa. R.C.P. Rule 1030(a).
37. Plaintiffs claims, if any, are barred as there has been an accord and satisfaction,
release, res judicata, collateral, estoppel and/or arbitration and award.
38. If Plaintiff fell, it was not due to any actions or lack thereof of Your Towne Builders.
39. If Plaintiff fell, it was due to actions or lack thereof of unknown persons and/or
entities over whom Your Towne Builders had no control.
40. If Plaintiff fell, it was due to actions or lack thereof of Plaintiff.
41. If Plaintiff fell, Plaintiff failed to observe where she was walking and/or running.
42. If it is proven there existed any alleged dangerous condition, while it is specifically
denied, then it was open and obvious.
43. If there existed any alleged dangerous conditions, which is specifically denied, then
it was open and obvious and Plaintiff was and/or should have been aware of the alleged
condition and, therefore, Your Towne Builders cannot be held liable.
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44. If there existed any alleged dangerous conditions, which is specifically denied,
Plaintiff was aware of any alleged conditions and failed to act properly under the circumstances.
45. At all times material hereto, if the alleged incident occurred, which is specifically
denied, Plaintiff could and should have avoided the alleged condition and the alleged area and
gone another way.
46. If there existed any alleged conditions, the creation of any alleged conditions and any
continuation and of the existence of any alleged conditions was not due to any actions or lack
thereof of Your Towne Builders, but was due to actions beyond the control of Your Towne
Builders.
WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor
and against Plaintiff, Rose Brown, with costs assessed to Plaintiff.
MARGOLIS EDELSTEIN
DATE: ro!IO/OL.
By:
B . Kronthal, Esquire
Attorney No. 55672
3510 Trindle Road
Camp Hill, P A 17011
717-975-8114
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to
Enter Appearance on all counsel of record by placing the same in the United States mail at Camp
Hill, Pennsylvania, first-class postage prepaid, on the 11- day Of~ ' 2002,
and addressed as follows:
Stephen J. Hogg, Esquire
19 S. Hanover Street, Suite 101
Carlisle, P A 17013
Paige Macdonald-Matthes
2 North Second Street, 7fu Floor
Harrisburg, P A 1710 1
Brooks Foland, Esquire
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, P A 17108
MARGOLIS EDELSTEIN
By:QJa~
Carol Moose
0:\1 Selective Insurance\38500.4-00036\P111ads\Answer to Plaintiff.4~19-02.wpd
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VERIFICATION
'S'Te PHE.\'l J:
I, Ste'I'e Artz, state that I have read the foregoing Answer with New Matter and that the
facts stated therein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S.A. S 4904, relating to unsworn falsification to authorities.
Date: 5/21/ /)2.
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LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE. PA 17013
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ROSE BROWN,
Plaintiff
: IN THE COURT
: OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION-lAW
: NO. 01-6409
: CIVIL TERM
: JURY TRIAL DEMANDED
v.
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
PLAINTIFF'S ANSWER TO NEW MATTER FROM DEFENDANT
YOUR TOWNE BUILDERS. INC. NEW MAT1"ER
Plaintiff Rose Brown files this Answer to New Matter raised by
Defendant Your Towne Builders, Inc. as follows:
23. Plaintiff's allegations in paragraph 1-31 inclusive, are
incorporated by reference as if set forth herein in their entirety.
24. The allegations in this paragraph are conclusions of law and
therefore require no response. By way of further answer,
Plaintiff specifically denies that the Pennsylvania Comparative
Negligence Act applies to eliminate or reduce Plaintiff's
recovery.
25. It is specifically denied that Plaintiff's carelessness,
recklessness or negligence, if any, caused Plaintiff's injuries or
26.
damages.
It is admitted that there are other Defendant in addition to
Defendant Your Towne Builders, Inc. Plaintiff denies the
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LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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allegation in this paragraph to the extent it implies Defendant
Your Towne Builders, Inc. was not careless, reckless or
negligent in creating the dangerous condition which caused
Plaintiff's injuries. By way of further answer, Plaintiff has no
knowledge of the degree of control or lack of control Defendant
Your Towne Builders, Inc. had over the other Defendants and
proof thereof is demanded at trial.
27. It is specifically denied that Plaintiff assumed the risk of her
injuries or damages by her conduct.
28. This allegation states a legal conclusion to which no response is
required. By way of further answer, it is specifically denied that
Plaintiff has failed to state a claim upon which relief could be
granted.
29. Plaintiff has no knowledge of the allegations in this paragraph
and proof thereof is demanded at trial.
30. Denied.
31. Denied.
32. Denied.
33. Denied.
34. This allegation states a conclusion of law to which no response
is required. By way of further answer, Plaintiff specifically
denies that her cause of action is barred by the appropriate
Statute of Limitations.
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LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE. PA 17013
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35. This allegation states a legal conclusion to which no response is
required.
36. Denied.
37. It is specifically denied that any of the affirmative defenses set
forth in Rule 1030(a) apply.
38. Denied.
39. Denied.
40. It is specifically denied that Plaintiffs fall was due to her actions
of failure to act.
41 Denied.
42 Denied.
43 Denied.
44 Denied.
45 It is admitted that Plaintiff could have gone another way. It is
specifically denied that Plaintiff should have gone another way.
46. Denied.
Wherefore, Plaintiff demands judgment in her favor and against
Defendant for past and future medical treatment, past and future wage
loss, past, present and future pain and suffering, costs of suit and such
Date: ~r2
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IN THE COURT OF COMMoN PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
...
ROSE BROWN,
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUilDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
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As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas
attached thereto was mailed or delivered to each party at least twenty days in advance of
this Certificate;
2. A copy of the Notice of Intent, including the proposed subpoenas, is
attached to this Certificate; .
3. No objections to the subpoenas have been made; and
4. The subpoenas which will be served are identical to the subpoenas which
are attached to the Notice of Intent to Serve Subpoenas.
THOMAS, THOMAS & HAFER, lLP
Date:
q)6nJ6R-
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r oks R. Fola , Esquire
I. . No. 70102
Kimberly A. Bohle, Esquire
1.0. No. 87565
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
Attorneys for Defendant
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ROSE BROWN,
Plaintiff
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUilDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
NO. 01-6409
JURY TRIAL DEMANDED
N01ICEOF INTENTTO SERVESUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSl!ANT TO R.ULE 4009.21
TO: Counsel and Parties of Record
Defendant, Courtyards of Carlisle, intends to serve subpoenas identical to the
ones 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 subpoenas. If
no objection is made, the subpoenas may be served.
Date:
J~
THOMAS, THOMAS & HAFER, LLP
dmlce~&Lk, th.I\
Brooks R. Foland, squire _ ~
1.0. No. 70102
Kimberly A. Bohle, Esquire
1.0. No. 87565
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
Attorneys for Defendant
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6409
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Solomon Genuth, M.D. 19 Morris Avenue. Rockville Center. New York 11570
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records. medical reports. diaQnostic studies.
notes. correspondence. MRI films. CAT scans. and/or x-rav films reQardinQ Rose
Brown. SSN: 136-30-2419: DOB: 12/01/24
at: Thomas. Thomas & Hafer. LLP.305 N. Front St.. P.O. Box 999. HarrisburQ. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance. the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service. the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT 10#: B7565
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: {.)u.~u..1rl .:2'7/ .;LOoa......
Seal of t e Court
Prothonotary/Clerk, Civil Div' .
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Peter Jos Aiemian. M.D. 143 N. Lona Beach Road. Rocl<ville Center. New York
11570
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records. medical reports. diagnostic studies.
notes. correspondence. MRI films. CAT scans. and/or x-ray films reaardinQ Rose
Brown. SSN: 136-30-2419: DOB: 12/01/24
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbura. PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena. together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena. within twenty (20) days
after its service. the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT 10#: 87565
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: (;U~Ltfl .::J. 7, .;wo~
Seal of he Court
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Prothonotary/Clerk, Civil
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Deputy
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I, KRISTY L. HOUSE of the law firm of THOMAS, THOMAS, & HAFER, LLP do
certify that I served the foregoing document on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed
as follows:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
th Floor
Harrisburg, PA 17101
THOMAS, THOMAS & HAFER, LLP
Date: q
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I, KIMBERLY A. BOHLE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing document on the following person(s),
by depositing the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania addressed as follows:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
yth Floor
Harrisburg, PA 17101
THOMAS, THOMAS & HAFER, LLP
Date: q IQll 00.
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUilDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants'
NO. 01-6409
JURY TRIAL DE~NDED
As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas
attached thereto was mailed or deliverec;l to each party at least twenty days in advance of
this Certificate;
2. No Objections to the subpoenas have been made; and
3. The subpoenas which will be served are identical to the subpoenas which
are attached to the Notice of Intent to Serve Subpoenas.
THOMAS, THOMAS & HAFER, LLP
Date:
10J [} QJ 00)
ro ks R. Fol d
I.D. No. 70102
Kimberly A. Bohle, Esquire
I.D. No. 87565
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
Attorneys for Defendant
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: L.B. Smith Ford. 6391 Carlisle Pike, Mechanicsbura. PA 17050-2309
(Name af Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all emplovment records and/or personnel records
includinq, but not limited to, application for emplovment. hourlv waqes, job description,
attendance records. disciplinarv forms. medical records, etc. reqardinq Rose
Brown. SSN: 136-30-2419: DOB: 12/01/24 ,,:
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburq. PA
17108-0999 . .
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kimberly A. Bohle, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT 10#: 87565
ATTORNEY FOR: Defendant
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BY THE COURT:
DATE: (Jd.. I C ;J..f16 .;.1..._
Seal of the ourt
Prothonotary/Clerk, Civil Divi .
'---- dJOA-12.- P 7ndJ/2/'1' '...1
Deputy {
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ROSE BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
COURTYARDS OF CARLISLE, YOUR
TOWNE BUILDERS, INC. and JACK
GAUGHEN REALTORS,
Defendants
NO. 01-6409
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Hartzell Eve GrouP. 37 Brookwood Avenue. Carlisle. PA 17013-9126
(Name .of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, diaanostic studies.
notes, correspondence.. etc. reaardina Rose Brown. SSN: 136-30-2419; DOB:
12/01/24
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 99!hHarrisburQ, PA
17108-0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing
the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
TH!S SUBPOENA WAS ISSUEDj\TTHE REQUEST OF THE FOLLOW!NGPERSON:
NAME: Kimberly A Bohle, Esquire-' .
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7155
SUPREME COURT ID#: 87565
ATTORNEY FOR: Defendant
BY THE COURT:
DATE: lJ::d... J I ~Cod-.....
Seal of the Court
Prothonotary/Clerk, Civil Divi .
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I, KIMBERLY A. BOHLE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing document on the following person(s),
by depositing the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania addressed as follows:
Stephen J. Hogg, Esq.
19 South Hanover Street
Suite 101
Carlisle, PA 17013
Barry A. Kronthal, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Paige Macdonald-Matthes, Esq.
2 North Second Street
ih Floor
Harrisburg, PA 17101
Date: ,o)mJce
THOMAS, THOMAS & HAFER, LLP
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LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
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ROSE BROWN,
Plaintiff
IN THE COURT
OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION-LAW
COURTYARDS OF CARLISLE,
YOUR TOWNE BUILDERS, INC.,
and JACK GAUGHEN REALTORS,
Defendants
NO. 01-6409
CIVIL TERM
: JURY TRIAL DEMANDED
PRAECIPE FOR DISSMISSAL
TO THE PROTHONOTARY OF SAID COURT:
Please dismiss the Complaint in the above captioned matter
without prejudice.
Respectfully Submitted,
Date: 5' t ~;O;5
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