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Home My WebLink About99-00093 SHERIFF'S RETURN ~ REGULAR CASE NO. 1999~00093 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND SHULTZ MARILYN H VS. P1ILONOPOULOS ANGELA ET AL ~, MICHAEL BARijICK CUMBERLAND County, Penn.ylvania, to law, ..ys, the within WRIT OF upon TRIANGLE CAR WASH INO defendant, at 9,~ HOURS, on the li1h day of llnuarv ___ 19i2 at 2232 ~D GETTYSBURG ROAD CAMP HILL. PA 17011 County, Penn.ylvania, by handing to WILLIAM SMITH ~ true and atte.ted copy of thv WRIT OF SUMMONS and at the .ame time directing H1R attention to the content. . Sheriff or Deputy Sheriff of who being dUly sworn according SUMMONS __ wa. .erved . l;;UPlQ~LAND (MANAGER) ---' th.rl~of, Sheriff'. Cost., Docketing Service Affidavit Surcharge 6.00 .00 .00 8,00 So 8nBwerBI~/1~ ~ ~~'''''''''''''''~''...(f_7~<, H. Tnoma. Kline, ~n.rill .14,WVl HANDLER & WIENER ."'.;J/ 01/19/1999 /p //' . ~ / ).~. by ;;:;;'i/IJ'/ ~ eputy ~er ..1 Sworn arid Bubscribedto before me this I'f I!':"' day of c}..---) 19 f}<J A.D. - ()~"'-9rD~~~~fY<-~) v th. , J ~",.~ I. f) . , /'; ?, " . .. 'i>. / 3, Defendant, Thomas S. Ntzanls, individually and doing business as Lower Allen Shopping Center, maintains an oflice and place ofbusincss located at 2202 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvllnia, 170 I I, 4, Def\mdanl. George S. Ntzanis, individually and doing business as Lower Allen Shopping Center, maintains IIn oft1ce and plllce of business loc.~ted at 2202 Old Gettysburg ROlld, Camp Hill. Cumberland County, Pennsylvania, 170 II. 5. Defendant, Michllellntrleri, individulIlly and doing business as Stephenson's Tire & Service Center, mllintnins an otlice and place of business located at 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 170 II. 6, Defendant, Pamellllntrieri, Individually and together doing busines~ as Stephenson's Tire & Service Center, maintains an office and plllce (If business located at 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 7, Defendllnt, Triangle Car Wash, Inc. is a corporation registered and established under the laws of Pennsylvania, which maintains ils principal place of business at 973 East Main Street, Palmyrn, Lebanon County, Pennsylvania, 17078, and an oft1ce and place of business 10llated at 2232 Old Gettysburg Rond, Camp HIli, Cumberland County, Pennsylvania, 170 II, 8. At all times materilll hereto, Defendants, Angela Mllonopoulos, Thomas S. Ntzanis, and George S, Ntzanls, were in ownership, possession, control and responsible for the maintenance of the land and common areas of Lower Allen Shopping Center located along Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 170 II, 9, At all times material hereto, Defendants, Michael Intrieri and Pamela Intrieri were in ownership, possession, control, and responsible for the maintenance of the premises known liS 2 Stephenson's Tire & Service Center, located al 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 10, At all limes mnterial to, Defendant, Triangle Car Wash, Inc., was in ownership, possession, contml, and responsible for the lTIaintenance of the premises known as Triangle Car Wash, Inc., located at 2232 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 17011. II. At all times materinl hereto, Plaintiff, Marilyn Shultz, wns an invitee/licensee who was lawfully upon the premises of the Defendants, 12. At all times material hereto, there was a macadam divider located in the parking lot between Defendant Stephenson's Tire Center and Defendant Triangle Car Wash, tnc, that was obstructed from view by tall grass and weeds that were growing on either side of the macadam divider. 13. The Defendants either had actual notice of the existence of the overgrown areas of grass and weeds obstructing the view of the macadam divider 01' would be deemed to have constructive notice by virtue of the tact lhat the Defendants were under the obligation to conduct a reasonable inspection of the property, 14. On 01' about July 17, 1997, at approximately 12:30 p,m" Plaintifl~ Marilyn Shultz, was walking through the Defendants' pnrking lot, when she was caused to 1'1111 harshly to the ground when she tripped over a divider in the parking lot that was obstlllcted from view by tall grass and weeds that were growing on either side of the macadam divider. IS, Plaintifl~ Marilyn Shultz, had 10 be transported Irom the incident scene via ambulance to Holy Spirit Hospital as a result of the aforementioned incident. 3 COUNT I NEGLIGENCE MARILYN.SHULTZ V. ANGELA MILONOPOULOS. et alnt/d/b/a LOWER ALLEN SHOPPING CENTER 16. Plaintiff, Marilyn Shultz, incorporates and makes part of this Count, Paragraphs I through 15 of this Complaint. as if fully set forth herein, 17. As a direct and proximate result of the Defendants' negligence, Plaintiff; Marilyn Shultz, has suffered serious bodily injury as set forth more fully hereinafter. 18. At all times material hereto, PlaintHfbclieves and therefore avers that the Defendants were in ownership, possession, control, andlor management. of the parking lot area where Plaintiff fell, and were responsible for maintaining the safe condition of the property. 19. The occurrence of the aforesaid incident and the injuries to the Plaintiff, Marilyn Shultz, resulting therefrom, were caused directly and proximately by the Defendants' negligence, generally and more specifically a3 set forth below: (a) In allowing the Defendants' parking lot to contain a hidden macadam divider, obstructed from view by tall grass and weeds that were growing on either side of the divider, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons walking throllgh said parking lot; (b) In failing to make a reasonable inspection of said parking lot, (which inspection would have .revealed the existence of the dangerolls condition posed by the hidden macadam divider), thereby allowing the same to remain in a dangerous condition when the Defendants knew or should have known of it; (c) In failing to maintain the parking lot, when the Defendants knew or should have known of the dangerous condition, or to take other precautions to prevent injury to the Plaintiff and to other persons in the parking lot; 4 26, As a result of the Defendants' negligence, Plaintlff~ Marilyn Shultz, has been cOlhpelled, in order to effect u cure for utbresaid injuries, to expend lurge sums of money for medicine und mediculultention, and muy be required to expend !urge sums of money for the same purposes in the future, to her great delrimentund loss, WHEREFORF;. Plaintiff, Marilyn Shultz, claims damuges from the Defendants, Angelu Milonopoulos, Thomus S, Ntzanis, and George S, Ntzanis, each individually and tldlbla Lower Allen Shopping Center, in an umount in the excess of Twenty-Five Thousand Dollars and 00/100 ($25,000,00), C!HINT II NEGLIGENCE MARILYN SHULTZ v. M.ICHAEL INTRIERI. et 111.. t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER 27, Plaintiff, Marilyn Shultz, incorporates and makes purt of this Count, Paragruphs 1 through 26 of this Complaint, as if flllly set forth here at length, 28, As a direct and proximute result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has suffered serious bodily injury as set forth more fully hereinafter. 29. At all times material hereto, Plaintifl'believes and therefore avers that the Defendants were in ownership, possession, control, andlor management, of the parking lot area where Plaintiff fell, and were responsible for maintuining the safe condition of the property, 6 3], As the result of the negligence of the Defendants, Plaintiff, Marilyn Shultz, has been nnd prohably will in lhe IlIture be hindered Ii'om attending to her daily activities to her great detriment, loss, humilintion and embarl'llssmenl. 34. As a result of the Defendants' negligence, Phlintill~ Marilyn Shultz, has incurred lost Income IInd may continue to sulloI' II loss of earnings and earning capacity in the future to her financial detriment, 35, As a result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has and probably will in the future sutler a loss of lite's pleasures, and a c1l1im is made therefore, 36. Plaintiff, Marilyn Shultz, believes and therefore avers that her injuries are permanent in nature, 37. As a result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has been compelled, in order to etlect a cure tor aforesaid injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her great detriment and loss, WHEREFORE, Plaintiff, Mnrilyn Shultz, claims damages from the Defendants, Michael Intrieri and Pamela Intrieri, individually and t/d/b/a Stephenson's Tire & Service Center, in an amount. in the excess of Twenty-Five Thousand Dollars and 00/100 ($25,000,00), 8 ib) ," om,. to ""', , 'oo'",.bI, I"",,,,,, 'f .., "'''... ,,,,, ("'" """"'" w""" h,,, """"" th, ",",,,, 'f lho d""",,", ""dilioo '"'''' by tho hidd,,, "'OOd,,,, di,.,,), t horeby '''''wi... lb, "'" " "'''''' ~, , d....","' ""dili,,, wh,,, tho "'f "d", "'w " lboo'd J." """ of 1/; (.) 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", "'" JO, " I"',a"" ""'t>d ,f """ i, ", f....., t, hOt ,".. d"'i"." "d '''' ph"""y, '"'' ""'~ '" financially. 44 A, ""...,, .f """,Ii'''.''f tho ""''''', """ff. """Y' ""t, h" b"" "'d ',"b'bly will '" th, fu"" '" h;".'d fr.", .,..", t" h. d.,~ '."'Ii.. t. h" .".. detfimem, loss, humiliation and embllffasSlIJent. 10 " 45, ABa result of the Defendant's negligence, Plaintiff, Marilyn Shultz, has incurred lost income and may continue to suffer a loss of earnings and earning capacity in the fillure to her financial detriment, 46, As a result of the Defendant's negligence, Plaintitf, Marilyn Shultz, has and probably will in the future suffer a loss oflife's pleasures, and a claim is made therefore, 47, Plaintiff, Marilyn Shultz, believes and therefore avers that her injuries are permanent in nature, 48, As a result of the Defendant's negligence, Plaintifl; Marilyn Shultz, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintift; Marilyn Shultz, claims damages from the Defendant, Triangle Car Wash, [nc" in an amount in the excess ofTwenty-Five Thousand Dollars and 00/] 00 ($25,000,00). COUNT IV LOSS OF CONSORTIUM MARTIN SHULTZ v. ANGELA MILONOPOULOS. et 81.. lIdlbla LOWER ALLEN SHOPPING CENTER 49, Plaintift; Martin Shultz, herein incorporates paragraphs I through 49 of this Complaint into this Count as if set forth at length, II \ .. Ii ~ \ ~ ~ ~ b. '\'\ .:t U' ~_. .. /.. n - B~ ~~z ~ .\ It" ~ L)~Z :r: c... (.-';1 \~~ (t" \-;5J ~~i: u:> ;sa D .~ r l" ct:l Ie' t ul n -:1'. ul ell 1'- u... ~ 'b $ 3 _.., I. , ',. I. The answering Def.mdant is without knowledge or information sut'ticient to fonn a belief as to the truth 01" veracity of the allegations of paragraph I, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 2. The answering Defendant is without knowledge or infurmation sut'ticient to fonn a belief as to the truth or veracity of the allegations of paragraph 2, with the result that said allegations are deemed denied pUl"suant to the Pennsylvania Rules of Civil Procedure. 3, The answering Defendant is without knowledge or information sut'ticient to fonn a belief as to the tl"uth or veracity of the allegations of paragraph 3, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 4. The answering Defendant is without knowledge 01" information sut'ticientto fonn a belief as to the tmth or veracity of the allegations of paragraph 4, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure, 5. The answering Defendant is without knowledge or information sut'ticient to fonn a belief as to the tmth or veracity of the allegations of paragraph 5, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 6. The answering Defendant is without knowlcdge or information sut'ticient to fonn a belief as to the tmth or veracity of the allegations of paragraph 6, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 7. Admitted with clarification. The answering Defendant admits that it has a place of business located at 2232 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 17011. Its principal place of business and ot'tice is located at 973 East Main Street, Palmyra, Lebanon County, Pennsylvania. 17078. It is further admitted that the answering Defendant is a corporation registered and established under the hlWN of Pennsylvania, 8, The allegations contained in paragraph 8 of Plaintiff's Complaint are not direetetl to Ihe answering defendant and, therefore, no response is required. 9, The allegations contained in paragraph 9 of Plaintiff's Complaint arc not dlrecledlo the answering defendant and, therefore, no response is required, 10, Admitted in part and denied in part. It is specifically denied thai the allHworill1l Detendant was in ownership of the premises known as Triangle Car Wash, Inc" located al 22:12 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 170 I I. On the contrary, said Defendant was a lessee of said prcmiscs. The Defendant is nncertainas 10 the definition of the term "responsible for the maintenance" of said prcl1liscs, IInd therefore this allegation is denied. The balance of the allegations contained Illllarngrllph 10 of Plaintiff's Complaint are admitted. II, Denied, The allegation contained in paragraph II of Plaintiff's Complaint eonlains a legal conclusion to which no responsive pleading is required. 12. Denied. 13. Denied. 14, Denied. 15. Denied. After reasonable investigation, the allswering Dcfendllllt is without knowledge or information sufficient to fonn a belief as 10 the tnllh or verueity of lhe llllellllliollS contained in paragraph 15 ofPlaintit'rs Complaint alld the same ure deemed denied pursuant to the Pennsylvanill Rulcs of Civil Procedure. COUNT I NEGLIGENCE MARJl,YN SHU~JTZ v, ANGELA MILONOPOULOS....el al.. t/d/b/a LOWER ALLEN SHOPPING CENTER 16, The answering Defendant incorporates its answers to paragraphs 1 through 15 above as if fully set forth at length herein. 17-26. The allegations contained in puragraphs 17 through 26 of Plaintiffs Complaint are directed to a defendant other than the answering Defendant, and therefore, no response is required. WHEREFORE, Defendant, Triangle Car Wash, Inc. demands judgment in its favor and against the Plaintiffs together with costs of suit. COUNT II NEGLIGENCE MARJLYN SHULTZ v. MICHAEL INTRIERI. et al.. t/d/b/a STEPHENSON'S TIRE & SERVICE CENIID! 27. The answering Defendant incorporates his answers to paragraphs I through 26 above as if fully set forth at length hercin. 28-37. The allegations contained in paragraphs 28 through 37 of Plaintiffs Complaint are directed to a defendant other than the answering Defendant, and therefore, no response is required. WHEREFORE. Defendant, Triangle Car Wash,lnc. demands judgment in its favor and against the Plaintiffs together with costs of suit. COUNT III NEGUGENCE MARILYN SHULTZ v. 'tRIANGLE CAR WASH. INC 38. The answering Defendant incorporates its answers to paragraphs 1 through 37 above as if fully set forth at length hcrein, 39, Denied. 40, Denied. 41. (a) - (e) Denied. 42, Denied. After reasonable investigation, the answering Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth or veracity of the allegations contained in paragraph 42 of Plaintiffs Complaint and the same are deellled denied and strict proof thereof is demanded. 43, Denied. After reasonable investigation, the answering Defendant is without knowledge or infonnatioo sufficient to fonn a belicfas to the truth or veracity of the allegations contained in paragraph 43 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded. 44, Denied. After reasonable investigation, the answering Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth or veracity of the allegations contained in paragraph 44 of Plaintiffs Complainl and the same are deemed denied and strict proof thereof is dcmandcd. 45, Denied, After reusonable investigution, the unswering Defendant is without knowledge or infonnation sufficlontto form a holiof as to the truth or vCfllcity ol'tho allegations contained in paragraph 45 of Plaintiff's Complaint und the sume are deemed denied and strict proof thereof is demanded, 46, Denied. After reasonable investigation, the answering Defendant is without knowledge or information suflicient to form a belief as to the truth or veracity of the allegations . contained in paragraph 46 of Plaintiffs Complaint and the same arc deemed denied and strict proof thereof is demanded. 47, Denied. After reasonable investigation, thc answering Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth or veracity of the allegations contained in paragraph 47 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded. 48, Denied. After reasonable investigation, the answering Deftmdant is without knowledge or infonnation sufficient to fonn a belief as to the truth or veracity of the allegations contained in paragraph 48 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded. WHEREFORE, Defcndant, Triangle Car Wash, Inc. demands judgment in its favor and against the Plaintiffs together with costs of suit. COUNT IV WSS OF CONSORTIUM MABJ'IN SHULTZ v, AN!!~ MIWNOPOUWS, el al.. I/d/h/a WWt;R Alll.ElS SHOPPING CENTE~ 49, The answering Defendant incorporates herein hy reference its lInswers to paragraphs through 48 ahovc as though more fully set forth at length herein. 50, Denied, After reasonahle investigation, the answering Defendant is without knowledge or infonnation sufficient to form a helief as to the truth or veracity of the allegations contained in paragraph 50 of Plaintiff's Complaint and the same are deemed denied and strict proof thereof is demanded. 51, Denied. After reasonable investigation, the answering Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth or veracity of the allegations contained in paragraph 51 of Plaintiff's Complaint and the same arc deemed denied and strict proof thereof is demanded. WHEREFORE, Defendant, Triangle Car Wash, Inc. demands judgment in its favor and against the Plaintiffs together with costs of suit. NEW MATTER 52, The Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted against the answering Defendant. 53. The Plaintiff's cause of action and/or right of recovery is barred or modified by the doctrine of assumption of risk as applied in the Commonwealth of Pennsylvania, 1t= ..:1' (.:' ~.( c:: '""::-0 ~- &. 1,', , ~JQ ~:~ )~~. ' ..: f~,,} ,::;r:: ,t,'fL Q. 'el :..:1 n(" 'j,.., 2;", I':'\.f , if) WI.,! (" " <'-. li!bil ';" .... :1 tt:) !;,t.lED ll.1 ;:.. u.. ~,.h:t.. ~~< b m ;;, (1'\ Ll MARTIN SHULTZ nnd MARILYN SHULTZ, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLE : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99.93 CIVIL v. ANGELA MILONOPOULOS, : JLJR Y TRIAL DEMANDED Individually and lId/b/a LOWER ALLEN SHOPPING CENTER, THOMAS S. NTZANIS, Individually lInd t/d/b/ll LOWER ALLEN SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/el/b/a LOWER ALLEN SIIOI'PIN(, CENTER, MICHAEL INTRIERI, individually and f/dlb/a STEPHENSON'S TIRE & SERVICE CENTER,PAMELA INTRIERI, individually and t/dlb/a STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASH, INC" Defendants CIVIL ACTION . LAW ENTRY OF APPEARA~ TO THE PROTHONOTARY: Please enter my appearance on behalf of Lower Allen Shopping Center Defendants, in the above-captioned case, MARSHALL, DENNEHEY, WARNER, COI 0 AN & GOGGIN /---- ,/ BY: ,~~ , IARON M. O'DONNELL, ESQUIRE 100 Pine Street, 4th Floor Harrisburg, PA 17101 J.D, No. 79457 (717) 231.3791 DATE:;L.IJ-dR9 ATTORNEYS FOR LOWER ALLEN SHOPPING CENTER DEFENDANTS .....~ Cf",1, ((. ...... .\. .' \' C'''' \.\-~ \ . (:'.',. ' \\~ :' CI'\ \\'- , \\..\ , .', o ~- \ . \ \y. , ~\ " \\\\ \\, \ , . . ' l" c:.' . , \' ,.\ " '.:,.- . ;" c'" t,.;" '-'-1 o information suffident to form a bellef as to the truth or veracity of the nlleglltions and same are denied and !Itrlct proof thereof demanded. 3. Denied, After reasonable invcstiglltion answering Defcndnnts lire without knowledge or information sufficient to form a belief liS to the truth or vorncity of the allegations and same are denied and strict proof thereof demanded. 4. Donied, Af\er reasonable investigationllnswering Defendants are without knowledge or Information sufficient to form fl belief as to the truth or veracity of the allegations and slime are denied and striet proof thereof demanded. 5. Admitted. 6. Admitted. 7, Denied. Af\er reasonable investigation answering Defendants are without knowledge or infomlatlon sufl1cient to form a belief as to the truth or veraeity of the allegations and same are denied and striet proof thereof demanded. 8. Denied. After reasonable investigation answering Defendants lire without knowledge or information sufficient to form a belief as to the truth or veraeity of the allegations and same are denied and striet proof thereof demanded, 9. Admitted, 10, Dcnied. After reasonable investigation IInswering Defendants are without knowledge or infonnation suffieient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof demanded. II. Denied, After reasonable investigntion answering Defendants are without knowledge or infomlation sl:fficient to lorm a belief as to the truth or veracity of the allegations and same are 2 denied and striot proof thereof demnnded, 12, Admitted nnd denied. It is &dmitted that there is a IllUendll/ll divider loeated in the parking lot between Defendunt Stephenwn's Tire Center and Defendant Triangle Car Wash, Inc, The remaining allegulions eontained in pamgraph 12 ure denicd because uftel' reasonable investigation answering Delcndllnts without knowledge or information sufficient to form u belief as to the truth or veracity ofthc allegations and same arc denied and strict proofthereofdemllnded. 13. Denied. The nllegations contained in paragraph 13 are denied us conelusion of law to whieh no response is requircd. To thc extent a responsc is required, Dcfendant is without knowledge or information sufficient to forma belief as to the truth or veracity of the allegations and same are denied and striet proofthereofis demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief liS to the truth or veracity of those allcgations and slime are denied and strict proof thereof is demanded. 15. Denied, After reasonable investigation, Dcfendant is without knowledge or information suffieienlto form a belief as to the truth or veraeity of those allegations and Sll/Ile are denied and strict proof thereof is demanded, !2.0UNT I . NEGLIGENCE MABIL YN SCHULTZ v, AN(>ELA MILONOPOUL.QS, nal, t/d/b/ft LOWER ALLEN SHOPPING CENTER .16, Answering Dcfendants incorporate by referenee their rcsponses to paragraph 1 through 3 17-26. Paragrllphs 17 through 26 are direetcd to anothcr Dcfendant nnd will not be respondcd to by the answering Defendants. WHEREFORE, Defendant Michncllntreri, Individually and trading and doing busincss as Stcphenson's Tire &; Scrviee Center and Pamela Intreri, individually and trading llnd doing business as Stephenson's Tire & Serviec Center, respeetively request this honorable Court to enter judgment in their favor llnd against the Plaintiffs, together with interest plus eost of suit. COUNT II. NEGLIGENCE MARILYN SCHULTZ v, MICHAEL INTRERI. e1J!1 t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER 27, Paragraphs f through 26 of this response are hereby incorporated herein by referenee as though set forth in full. 28, Denied. It is specifieally denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Deitmdants aeted in a eareful, lawful, and prudent manner with due care under the circumstnnces and were not negligent in any manner. The remaining allegations eontaincd in paragraph 28 are denied, After reasonable investigation, Defendant Is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. 29. Denied. After reasonable investigation, Defendant is without knowledge or information suffielent to form a belief as to the truth or veracity of the allegations eontained in paragraph 29 and same are denied and striet proof thereof is demanded. 4 30. Denied. Ills specifically denied that the Defendants were negligent, generally and more specifically as set forth below: a, In allowing the Defendants' parking lot to eontain a hidden macadam divider, obstrueted from view by tall grass and weeels that were growing on eithcr side of the divider, thcreby posing an unreasonable risk of iqjury to the Plaintiff and the other persons walking through said parking lot; b. In failing of making a reasonable inspection Of said parking lot (whieh inspeetion would have revealed the existenee of the dlmgerous eondition posed by the hidden macadam divider), thereby allowing the same to remain in a dangerous condition whcn the Defendants knew or should have known of it; e, In failing to maintain the parking lot, the Defendants knew or should have known of the dangerous condition, or to take other preeautions to prevent injury to the Plaintiff and the other persons In the parking lot; d, In faillng to warn of the dangerous eondition posed by the hidden maeadam divider, the Defendants knew or should have known of it; and e. Failing to paint the macadam divider or otherwise install a divider of different color or material from that of the surrounding area so that it would not blend into the surrounding area, imposed a threat to persons walking upon the premises. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manncrwith due care under the eircumstanees and were !lot negligent in any manner. The remaining allegations in paragraph 30 are denied bccause aner reasonable investigation, Defcndant is without 5 knowledge or information sufticlent to form a belief as to the truth or veracity of the 1I11egations contained in paragraph 29 and same are denied llnd striet proof thereof is demanded, 31. Denied. It is speeifieally denied thllt answering Defendllnts were negligent for the aceident at issue. On the contrary, answering Defendants aeted in a careful, lawful, and prudent manner with e1ue care underthc eireumstanecs and were not negligent in any manner. The remaining allegations eontaineel in paragraph 28 are denied. After reasonable investigation, Defendant Is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. 32, Denied. It is speeifically denied that answering Defendants were negligent for the aceident at issue. On the contrary, llnswering Defendants aetecl in a ellreful, lawful, and prudent manner with due care under the eireumstallees and were not negligent in any manner. The remaining allegations eontained in paragraph 28 are denied, After reasonable investigation, Defendant Is without knowledge or information suflkient to form a belief as to the truth or veracity of the allegations and same are denied and striet proof thereof is demanded. 33. Denied, It is speeifically denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due eare under the clrcumstanees and were not negligent in any manner. The remaining allegations eontained in paragraph 28 are denied. After rellsonable investigation, Defendant is without knowledge or informntion sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded, 34. Denied. It is specifically denied that answering Defendants were negligent for the accident at issue. On the eontrnry, answering Defendants acted in a careful, lawful, and prudent 6 j manncr with due care undcrthe eireumstances and wl)re not negligent in any manner. The remaining allegations contained in paragraph 28 arc denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is denlJlllded. 35, Denied. It is specifieally denied that answering Defendants were negligent for the aceidenl at issue, On the contrary, answering Defendants aeted in a earetlll, lawful, and prudent milliner with due care underthe eireumstanees and were not negligent in any manner. The remaining allegations contained in paragraph 28 are denied. Atler reasonable Investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veraeity of the allegations and same are denied lInd stl'ict proof thereof is demanded. 36. Denied. After rensonable investigation, Defendants are without knowledge or information suffieient to form a belief as to the truth or veracity of the allegations and same are denied and striet proof thereof is demanded, 37, Denied, It is specifieally denied that answering Defendants were negligent for the aceident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due earc under the circumstances and were not negligent in any manner. The remaining allegations eontained in paragraph 28 are denied. Atler reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. WHEREFORE, Defcndllnts Michaellntreri, individually and trading and doing business as Stephenson's Tire & Service Center and Pamela Intreri, individually and trading and doing business as Stephenson's Tire & Service Center, respectfully request this honorable Court to enter judgment 7 On the eontrary, nt all times relevant hereto Miehae11ntreri and Pamela Intrerl each individually and trading and doing business as Stephenson's Tire & Service Center acted in n reasonab1e,lawful, and proper manner with due earc under thl1 eireumstnnces and were not ncgligent In any manner. The remaining allegations of paragraph 50 are denied bceause after reasonable investigation, answering Defendants are without knowlcdge or information suftkient to form a belicf as to the truth or verneity of those allegations and same are denied and strict proof thereof is demanded. 51. Denied. It is spceifieally denied that Miehaellntreri and Pamela Intreri eaeh individually and trading and doing business as Stephenson's Tire & Service Center were negligent in any manner. On the eontmry, at all times relevant hereto Miehaellntreri and Pamela Intreri eaeh individually and trading and doing business as Stephenson's Tire & Service Center acted in a reasonable, lawfitl, and propel' manner with due eare under the circumstances and werc not negligent in any manner. The remaining allegations of paragraph 50 are denied beeausc after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of those allegations and same !Ire denied and strict proof thereof is demanded. WHEREFORE, Miehaellntreri and Pamela 1ntreri, each individually and trading and doing business as Stephenson's Tire & Service Center, respeetfully rcquest this honorablc Court to enter judgment in their favor and against the Plaintiff, together with interest plus cost of suit, By way offurther answer, answering Defendants assert the following: 9 NEW MA TTEK 51. Paragraphs I through 51 hereof are Incorporated herein by referenee as though set forth in full, 52. Plaintiffs' Complaint fails to state a eause of action by whieh relief may be granted. 53. Plaintiffs' Complaint may be barred by applieable statute of limitations. 54. Plaintiffs' injuries and damages, if any, were caused solely and direetly as a result of individuals or entities other than the answering Defendants and over whom the answering Defendants had no responsibility or right or eontrol. 55, Plaintiffs' injuries and damages, ifany, were eaused solely and direetly as a result of the negligence of the Plaintiff, Marilyn Sehultz, which negligenee consisted of the following: a. Failing to keep a proper lookout for where she was walking. b. Failing to wear proper footwear. e. Failing to lIse an appropriate erosswa1k. 56. Plaintiffs tailed to mitigate their damages. 57, Plaintiffs elaims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act beeause of the negllgenee of Plaintiff Marilyn Sehultz. 58, Plaintiff Marilyn Schultz assumed the risk of her OWn injuries. WHEREFORE, Miehaellntreri and Pamela Intreri, each individually and trading and doing business as Stephenson's Tire & Service Center, respectfully request this honorable Court to enter judgment in their favol' and against the Plaintiff, together with interest plus eost of suit. 10 llS2ldl NEW MA InK TO D.EfENP.MTS ANG"~LA MIJ..ONOPOULOS, THOMAS S, NT~ANIS. AND GORGES NTZAl"ilSLEACH JNDIVIDUALL Y AND JillLb/ll LOWER ALLE~ SflOPl'lNG CENTER AND T1UAN(;LE CAR WASH. INC, 60, Paragraphs I through 60 hereof are incorporated hcrein by referenee liS those set forth in full. " 61. Llllbility on the part of lInswering Defendllnts Mlchaellntrel'i and Pamelll Intreri ellch individually IInd trading and doing business as Stephenson's Tire & Serviee Centel' is speeifieally denied. If the averments contained in Plaintiffs' Complaint, said averments being speclfieally denied as they may relate to answering Defendants, the injurie,~ and damages eOlnplained of were caused solely or in part by Defendants Angela Milonopoulos, Thomas Nztllnis, and Gorges Nztanis eaeh individually and trading and doing business as Lower Allen Shopping Center and Triangle Car Wash, Ine. 62, In the event offinding liability against answering Defendants Miehaellntreri and Pamela Intreri eaeh individually and trading and doing business as Stephenson's Tire & Serviee Center, which liability is specifically denied, answering Defendants hereby assert their full rights to indemnifieation and contribution against Defendants Angela Milonopoulos, Thomas Nztllnis, and Gorges Nztanis (,aeh indivldulllly and trading and doing business as Lower Allen Shopping Center and Triangle Car Wash, Ine, on the basis thllt Angela Milonopoulos, Thomas Nztanis, and Gorges Nztanis each individually and trading and doing business as Lower AII()n Shopping Center and Triangle Car Wash, Ine, are II10ne Iillble, liable over, or jointly und severally Iillble to the Plaintiffs. WHEREPORE, answering Defendants Michaellntreri and Pamela lutreri each individually and trading and doing business liS Stephenson's Tire & Service Center, respectfully request this II ~ ,:\'0""" ~ 'V,.'(\o~ \ &.,~, ~..ot' c$. ~ '(\'\1 ~ 0'\ \~ ~'b.' ~ ~~ '/;.~e" :(\11.,"' 11.'(\'1> b,co ~e~ ~ \O~ \~e :o\ec\ f>>e ..~ ,\'f>,c\" '(\'\'f>,b,e ;..{\~ ~ \'0 ,11.9,0 ~\O ,\0. \\\c'l> . ~e'O' ~e -let ot\ ~'f>,\ ......\.. '1>~~ '\.... ~ \'. \0 et\., 1).\11.'\' \0'(\ \ 'l 'l;/C ,\,"'f>,~ ~b, '/;...\\ ;"0'(\ ..... ,\e: :t'\\'\'f>,'i. ~o'" \'(\'\0 \0 $-" ~\{\~ to\'I> / ~~ '1 ,; ~e" \)9' l rl" {t ;t /I'i ~.. -I,I! kJP'- j /1 r ,~ )! , [1,111" 0 ,'. ( ( ~\jpl_ '-\- Y' - . f)/\f\ . ~-. ,,. ~ ,.... ~ ("'j t3 .. ,. - ;~:,~ ~:) r' ',ol-f. "'r'" ()~( :~i" 0:: ~)r. ;~! j I,,' .n fn Ej" L fL' .]>..... (';~ .._~ IT-\> '" i'i,',1(D "-l ~ L\ I(J.~ ,.: ,~\~ 15 en -::) Cf' (,) MARTIN SHULTZ and MARILYN SHULTZ, hlJRband find wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-93 CIVIL Plaintiffs v. ANGELA MILONOPOULOS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, THOMAS S. NTZANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, GEORGE S, NTZANIS, individually and t/d/bla LOWER ALLEN SHOPPING CENTER, MICHAEL INTRIERI, indivirlually and t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER, PAMELA INTRIERI individually and t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASH, INC.. JURY TRIAL DEMANDED CIVIL ACTION - LAW - Defendants AND NOW. come Plaintiffs, Marilyn Shultz and Martin Shultz, her husband by and through their attorneys, HANDl.ER. HENNING & ROSENBERG, and responds to Defendant Triangle Car Wash's allegations of New Matter as follows: 52, Denied. The allegation set forth In Paragraph 52 is a conclusion of laW '0 ""h"h 00 ,",poO"" p,,,di09 " "',',,', hoW",'" to th, ,,'00' th" ,00 Hono,"bI' CoP" ,,,m' , ,Mpon" ",,,,,,,,y, " " '00'" th" th' PI ,'otlff" comp','n' t,'" to "t I"th ,,"'" 01 ",i'o ,pon whI,h "",t ,"0 b' 9'"oto' ,g'Io" th' ""w",og D,t,n"n', ,n' plOot to '", con"'" I, '"000''' " th' ",,"0 th" matter. , ( \\ 1\ It " \\ I~ ~ " , 63. Denied, The allegation set forth in Paragraph 63 la a conclusion of law' to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' cause of action and/or right of recovery is barred or modified by the doctrine of assumption of risk as may be applicable in the Commonwealth, and proof to the contrary is demanded at the trial In this matter. 54. Denied, The allegation set froth in Paragraph 64 is a conclusion of law to which no responsive pleading Is required, however. to the extent that the Honorable Court deems a response necessary, It is denied that the Plaintiff, Marilyn Shultz's claim should be barred In whole or in part due to Plaintiff's contributory and/or comparative negligence In any of the particulars as set forth In subparagraphs a through e. More specifically, it is denied that Plaintiff Marilyn Shultz was negligent or careless In failing to ensure her balance; that she failed to wear appropriate footwear; that she wore footwear that was In poor condition; that she failed to watch where she was going; and that she failed to take tho necessary care and caution to walk without falling. Proof to the contrary Is demanded at the trial In this matter. 66-56, The allegations contained in Paragraphs 56 and 56 of the Answer with New Matter of Defendant Triangle Car Wash, Inc, are directed to a party other than the Plaintiffs, and hence, no response is required. By way of further answer, It is averred that the allegations set forth in Paragraphs 66 and 56 are legal conclusions to which no responSive pleading is required, 2 L-' I to 1e\"lda\"lt illa\"l91e Cel Was", ....."""'"., ...\n'"" _.nd I.d"".n".' n' · 101 t"e lellel set lolt" 1\"1 t\'lell complal\"lt. Respe(',\1UIlY subml\\ed, ......DC...' ............ ..0"'....... I\"IC, 08\e3 -~ -f1 BY'. . 3 >- ,.... .... cr. (', (... ":4, 'ur F",", ~i .. ";-) <( - U ~k ,--/ ..~(j ,.,-'" I , .' ..- :Jl It','I, f" ", j):,~J r):!j ,'~.., {n \,0 "./tt) , .J I" Ill; ~ -'. C!':':.' [".!t:) IX ILI(D L,. "':f. l!JU.. F :n: u" fl". =5 () a' U 2. Admitted, 3. Admitted, 4, Admitted, 5 - 7. The allegulions and UVllrmcnls of pmagl'llphs 5 - 7 of Plaintiffs' Complaint are not directed to the answering Defendants, and no response is mudc thereto, 8. Denied. It is specifically dcnicd thut at all times material hercto, Defendants, Mllonopoulos, Thomas S, Ntzllnis, and George S. Ntzunis, were in ownership, possession, eontrol and responsible for the muintenance of the land and common meus of the Lower Allen Shopping Center loeated along Old Gettysburg, Camp lIill, Cumberland County, Pennsylvania, 17011. To the eontrary, Defendant. Milonopoulos and Ntzanis were in owncrship alone of the land and eommon areas of the Lowcr Allen Shopping Centcr, located ulong Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvaniu, Possession, eontrnl, and responsibility IIII' the maintenancc ofvlII'ious portions of the land and common areas of Lower Allen Shopping Centcr. rested with others, cithcr Defendants in this proeceding or entities not made parties to this proeeeding. 9, - 10. Thc allegations andllvcrments of paragraphs 9 -- 10 of Plaintiffs' Complaint are not direeted to the answering Dcfcndllnt. and no response is made thercto,. II. Denied pursulInlto the provisions of I'.A.R.C.P. 1019(c). 12. Dcnied. Aller reasonable investigation, the answcring Dclcndants are without knowledge or information sufficient to form a bclief us to the truth of the lIverments of paragraph 12 of Plaintitfs' Complaint. Striet proof thcrcof is demanded at trial, if rclcvant. 13. Denied pursuant to the pmvisions ofl'.A.R.C.P, I029(e). of inJury to thc Pllllntiff or others wlllking through suid Pllrking lot; to the contrary, the responsibility fhr trimming the oflending grass, belonged to co-Defundant, Stephenson's Tire or co-Defendant, Triungle Cur wush. (b.) It is speeifically denied thutthe Lower Allen Defendunts failed to make a rellsonable inspeetion of the parking lot, 01' III purticulur, lhe purking lotllrea in whieh the maeadllm divider exists, sinee responsibility fOl' making sueh inspections belonged to Stephenson's Tire & Serviee Center or Triangle Car Wash. (e.) It is speeificlllly denied lhat the Lower Allen Defendants failed to maintain the pllrking lot, that thl' Lower Allen Defendants knew or should have known of any dangerous eondition, or that the Lower Alkn Defendants tailed to take other precautions to prevent Injury to the P111intiff and to other persons in the parking lot. To the eontrary, the Lower Allen Defendants had no responsibility to maintain the grass at the edge of the Stephenson's Tire parking lot inasmuch as they did nol own, nor leuse the Stephenson's Tire parking lot. (d,) It is speeificlIlly dcnied that the Lower Allen Defendants failed to warn ofa dangerous condition posed by the hidden maeadum divider, when they l,ither knew or should have known of it. To the contrary, the Lower Allen Defendants do not own the properly upon whieh Stephenson's Tirc is loeated, hud no responsibilily to muinlainthe gfllss abutting the "hidden mucadam", and therefi're, had no duty to warn the Plaintiff; or other persons using the parking lot, of any dangerous eondition crt:ated by Dctendunt, Stephenson's 'I ire; (e.) It is spccifically denied thHlthe Lower Allen Defendunls lililcd to puint the macadam divider or otherwise install a divider ofa different color and material from that of the surrounding IIrea so that it would so that it would not blend inlo the surrounding, and pose a / / c.~\.t ~o'9'9\~~ ~\.~ '0 \"'~ .ole' ll' n\i>>~\' ,\,.0"4" \0'" ~Q.1/.~\'O ~ ~'(J.~0\ 1/.'00-40 . ",~.,#"'" , ~,'" "",'-'" ' "'..... . ...''0 . ...<i>' ." r >.." ,,,,." 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" , , , \ / l AbD~ Ii' . 23 . Th. tlU'll. ot ttd,a 1.... vill beqJ.n Oft t:a. t.k.t . . cta)" at January, 1"0 and ..ball tIneS On t:ae Jbt dal" at 1)'t1~I:', 1'114. lA.... .MU. aho ~V. \:be option to ~en_ tbb 1.... .wr....nt: tor t:hre. P) acld.1tionaJ, teru 'of fiv. (5) vean each, 11lI:"ovlcU.,nw lA.... t.. 1lo01: in detalllt or tb. t.au IU'Id ooncUUona ot t:hJ.. r...... At;I:'aaIlent. '!'b. Lu... "1' It.Xerci.-. ..oh option to rencn, by q.1v.1.nIJ .r....or ~lttAn noti~ ot it. lntent:lon to U.~1.. the option at 1....t tour (4) *'nth. prior to the anL1 of tbAa t:hq C\UTent: 1..... ten.. a.. 'l'h. te.... agre.. to "'''Y th. t'ol1ottlnw atnialUl r.nt: beq.:Uming J&.Quuy 1, 19110: .. !Ieq.lntlin9 .:ranua~ 1, 19110 through Decellber 3:1, UIlO, ~.... shall I>>&Y annual rent 1n the ..ount ot $14,400.00 in equal 1l0nt.hJ,y ina~lat.nta ot $1,200.00 par IIOnth. / .b. 1'ro. 'January 1, 11191 t.b.l:'~U..h I:4Ctllllb.r n, I''', !..a.... aball pay ra.rit: durin'l t.he t.n in the "aunt: CJf $76,800.00 in equal 1aont.h!.y inat.Il.l.llllen1:. ot $I, 400. 00 P.r IlOntb. , (,) ~ a. In tb. eVent Le.... lIJ(fll'c:b.. it. tirst fiv. (5) year option, t..'1en btllliM.l.nq Jan~ty 1, '19U, :r...a... .~ll ~y rent durL,,'1 ~. ha in tt:. bloUnt at $1U, 000.00 in .~l monthly in.ta1l..nt. at $1,.50.00 p.~ aont.h. d. In the .v.nt lA.... .lC:.rc1e.. iu .aeoNS t1v. (5) Y-_:r option, t:b8l'l !NIlJinninq J'&I\uuy I, 2000, Le.II... 1Ib.1l par r.nt durinq th. t.:t":ll in tl:l. "ount. ot $13",000.00 in .qual monthly uatallJa8l'lu ot $2,200.00 per IlOnt.b. .. Xn tha .\'an~ te.... exerei... ita thiN five ('1 y.ar oPtion, then be9il\nlJlt1 J&nuary 1, l005, L4t..... .l\aU Pay r.l1t I;(u.t'inq the t.l:'a in the "ount; ot $150,000.00 in equu monthly J.n$-.1111l8l'lt. at $2.500.00 pet' lIlonth. 25. !:xo.:!,!:" otharv1l. prOvided her.in all 008", .Xp.laU ancr oblic;a-.:1ora relllt:1..nq t", or at'bin9 DIU: ot the \l.., OCcupancy, O~tiQI1 and ..1ntananoe of the deai.ad pr..i... And appUrtenance. t::seret.:l, :l.nclud1..nq, but: not lL.it.c1 to, vat.ez:o an4 '.wer r.nt., talephon., h.at, .ir-ccn41~ionln~, el.ctric and 9a. whiCh II.Y b. incu..-rec: during the t.n. ot w. Le... (1I1Cllu41nq a~y 4u:ten.ion t.."er_otl aball b. paid by the te.... a.nd r.u... 'llall and do.Jl bereby a'1J.".. to I.nd8lUl.1.~y and save Le..or hanu... tt'oa .nd aqainat the 'aM. tn the .v.nt vatar and/or ..VIIr hUb . r .'O'.. ,...... .. ....... ,~'" , , ate bi11~ cUr.otly to the r..."or, lA.... a9%".. to pay.... t.o ~. ~..or or to the btll1nq authority ~pon pr'..ntatLon ot a .~t"ant tor ..id u"9.. 26. Lea... .hall be r"ponl1.ble tor all .now rQOYILl an4 trash r..oval tro. the pr..i... whiCb it OOcup1... 27. te.... .qr... to pay ~,. .u. ot "00.00 per y.ar .. it. .hu. of real ..tatf\ tax.. tor thca l....d pr..i_.. Id.d $500.00 'hall b. due and payabl. on January 1. ot .ach y.ar ot the 1..... tu. b.qin:linq with January 1, u.o. 21. 'l'hb 11.... .'r not, ))e udljfI\.d or &Ublet: by the Le.... w.:l.tbaut: t:!I. LI..orl wr tt.4D conaent, w!Ugh oOJl..nt. "ill Ih.ll not. be ~a'.~nab1y withbald. ) 2.. x...... .hall lne!eanity !.e..or and "Ve it. (~ ha1"lll1"1 trom and a9ainl1: any anet all elaa., laction., di:llMve. -.Y... ~ liability and OJI.n.., inclucUnq but not lWtll1 t.o attorney" ~ and other prot.u.ional teu, in oonn.otion with the 10'. ot lit., p.r.onal 1J'Ijury ltI4/~r dlUUl9" to prop~ a.rb1J'l9 t::-Q. or out: Qt ~ny occurr.no. in. upon, or at the Pr..~..., or the oCQUpancy or u.. by Le.... ot the Preal... or any part th.r.ot, or oee..lon*" "'hoUy or in part b1( any aet or OIII1a.hn ot: :.e...., ttll aqe.nt., ccnt~actors, **plQY..., ..rvants, l~..... or ecn~..aionair... In cftse te..or sh411, without t.Ult on it, plart, b. ..d. a party to any litiqatiori eo".~c.d by or aqain8t Le...., than Le.... .hall proteot and ho14 La.~~r Ha~le.. and shall pay all oo.t., expans.. and ra"on.~lA attorney'. re.. inc~~.d or paid by t...or in oonnact.1cr vith such litigation. t..... ahall .1.0 \ pay &11 oo.ta, e~~a. and r.a.onable attorn.y'. t... that aay b. inCl\l.rred. or Paid'l;y Le..or in e.ntorcin';l' the cov.nanu and air....nt. 1n thl. t..... b. Le..,).:' sball not b. r..ponsU,lll or liable to Lessee, or to tho.. ~lai.!n9 by, throuq4 or ~nd.r te..... tor any 1011. or duaq. "hie." ."y b. OClQ...ionad by or t.'lrouqh th. act. or oais.iona or persone occupyl~i .pao. adjoininq t~. Prami,., or any part or the pr~!8.. adjac.nt to or ccnnectinq v1th the Prsllli".s or any ot:.!1er part or the $hClppinq C.nt.r, or Qt.h'l:Vi.~, or tor any 10.. or da.a9. r..ulti~q by Le..... Or tho.. cla1ain9 by, tbroul1h or W1dsr Lea..., or j.ta or th.ir pro~, tll:f;l. the br.aking, bu~.~inq, 'toppaqe o~ 1.akinq of electr1gal c~l. and "1r.., lUll! water, va., ..wer or .ta.. plpe.. '1'0 tb. aaxiaua .rt.nt pent tted. by, Law, Le.... a9re.. to WI. "ncS occupy th.e i'r..ba.., .ne! to us. llucb o~'1ar portion. of the ShClJIP1.n9 C.nttlJ:' .1 La.... i. b.raLn'iiv.n ~~. ~iqbt to u.., at Le....'. own rilk. , c. At all tl8.. atter the execution ot tb!. Lea.., Le.... "ill taka o~~ and. ke.p in rore., It it. .~'n..: \ ". ': , , \ . 0.1 : Pl.\bl1c lillhlUty .lnslUVlce, 1II0111,'U,,,,, lnelU:'1l.nQ. a,a1nlltl ae.~ or gontraotual l1abU.l.1:y, w1tl1l ~peQ1; to the Pr...1..., to :afford prot.ction t:Q tb. lilait, tor u.ab oo~.na., of not 1... than on. Kl111Qn Dollar. '1,000,000.001 with r..p.at: to perlonal Ln~\tr1 or death, anr! rive Il1mdred '1'hous~d Dollan ($!JOO,OOO.OU) vitb ru~t. to propaZ'ty 4uaV8. (2) All rb)c; a..131ty iuurano.. ~.t.ttlU\ at r.plao"lU'\t M.t valUe aII4 vitA replaoaaent co.t .nd.ol'tl..ent, Qov.rinCjJ all of L4a....'. panonal property .I.n the Pr_i... (1.ncluc1J.ng vithout 1iJ11t:ation. inventory, tlraci. f.t.xt.uru, noor coverlnqa, tumit:I.I.rQ and other propu.ty r_gvab1. by L4a.... W\c1er th. providon. ot t:h1. fAA.e) and all l...lIbold bpl'OVUUUlt.a .tnat.all.c1 1D the Prtai... by lA..... () I It and to th. eX'tllnt requ.irac1 by lav. worb.n' a co.pen..<;1')n or .ailarly 1n.uranc. in fora and aaount.a required by la\'. . (41 'fire and extended coveraie inaurena. equal to the :::'Ililla.;..ent. cost.:.ot: the. bul1dlnc;r UllrQv.llanta located on. the pr.l1Iilil.. wit:!l tl1. te.Jlor nlmed .. "'t.o.. P.Y".~ to the extant ot ~~. Lessor'. l.nter..~. I , d. Le..r-a .hall ~.qu1.re any oontra~~e~ ot Le.... ?er~orminq work en the Praai5es t.o t&ne out and keep 1n torce, at no 8X'pen.. t;.o r...IIUO:;: (1) eoaprebllnsive gen.ral liability insurance, inoludln~ contractor'. liability oover.qe, oontractual liability ClovlI:'aie, cOllpl.t.ed operations coverllg., Dread t::tt1l prapa:r:1:y dlUlAC;. enelorsuent &!Id. aontractor'. pl'ot..ctiva liabilLq COV8%'llg., t.o attord. p~t.Cl1lion to the liait, for .ach occ:urre.nce, ot not 1... than One Killion Dollar. ($1,000,000.001 with r..pect: to per.onal injury or de.th, and Five Hund.rM onaw.and Dollars ($$00,000.001 with r..pect to prop.rty d...;.: anel (2) Wor~.n's compen.ation or similar insurancs in term a.nd _ount. .;-squ.irad. by law_ a. t.tolU!l sl1all ...tntain qla.. .I.n.~ranos on all plat. and other q1.... f. Leasor &hall be naa.c1 a. an additional iMID:'eIt at no Clost to r....or and ..ch INch poUcy, or I ClertUiQ&t. thereot, ahall ~. depo.ited with Le..or by Le.... proaptly upon co..ence"an1; ot IA...... obl1qation to, ~roc:cu:. the ..... V All i~cr..a.. in tire in.uranc. pre.1u.. on th. l....d pra.l~.. 4u..~o an ihere.a. 11' the rata ot tire in.uranee " , tn .xe... of the rat. on the 1....d Prout... at the till. ot ..kLn9 thL. Laa.. ahall be P.Ld by ~h. t....., ::10. Th. parti.. b.reto 'clcn~W'll1d.q. that Lea... int.nd. to aaka c.rtain ranov.tion. to the .xiatinq 18p:OV...nta located on the 1....11 pr"be. in accol."dane. Ifit.h th. Plan or Propart)' .ttached h.r.t,o a. ExhJ.bit "A.-. lA.... lIhau not a&Jce any .tructural or Q,";erior Alt.. ratione or int.rior nt.raUonJI to the prqh.. without te..or. pri.ol:' vrtttu eon..nt, vh1Ch .hall not b. unr.a.onably ~1thh'14. Att.r r.c.lvlnq Lea'ora written OOnlllt\'t, fA.... will aaJc. no alt.ratione to t:l\. prQ1.a.. until II StJ,pw.atlaD at LJ..na 18 tUed with th. J>rotbonota::y ot CImbllrllUld COW1ty prior to t.h. .':'n.1:1.1:111:1.on of any worle on the Slr..b.., lA.... \(111 not panit any K.cnu1c'l ebb or l1an to be 1'1aaec:t I.\pon th. ..rob.. or any bu:l.lcu...,q or UaproVUlent COlUl1;itutLrnl a part. th.reot cl.urirl9 ,c:he tel."1l, 4lU\4 in ".'" of the fUin-, of e..ny 11I~c::h cld. or Uen, 'Lun. "ill P.t'ClIIp'tly diac:n.rq. SQ. or ~rocur. · lien r.1.... bond by a 9004 I~d .~ffici.nt aur.t1 oOrporation in IU1 1UI01ll'lt. equal 1:.0 one !I.e.1: HlIICIlI tb. ....ount ot o1.ila or Uen. 31. In ~e .vent the tAlssor should refinance ~. uid prelli... dl.1r.1..ncf.t.lle t..na ot this Leas. Agre.lIent or &fill' '~anllion ther.ot, ~e Less.. ~qr...,~o Aubor~~~at. ~~. Lall.. Agre.ment to such tut~r. mortgages or other security instrwtents &nc~.~1~9 ~~. bui1clin911 or ll1.n~ upon Whic~ it i. er.c~.d. or 1'ix1:.1.1r.. (own-.d by ~. Lessor) cr Clt..~er Il;:,purtenanc.. t::a.ret.o.. lAss.. cov.nanta t.o u:.cut. such d.Ot:U;DllIlt. as :.qu.stllll by La..or t.o cont1r. or to .ub.t~.t.~.t. sucb subordination, And ~PQn fai1ur. to do sr., hereby irr.voc4b~y appoi~t. Lessor hi. Iqent anct attgrney ill t.ct to execut:. tlle Sbe on hia behalf.. )2. I.e..... sball be r..ponsil)le tor all a1nt.nt,noe and r.p.ir work r.quired to the L.prov.~.nts looatad on the l....ct prq,i.... and. ::.e..or lqr... thet:...t \/111 not .nt.Z' 1:h. pr.lIll... ~ot' the P~'jjlo.e of pertorz.inq u1.n'tenance work. 3::1. upon d.tat.llt in the payaent ot II. p.rt ot tb. 1"lInt attar the .... beocaec ~u.. or upo~ ~~. tailura ~r n.gl.ct of .lA.... to eO_ply with any ot the covenant., oendi t10nl or a9'J:'aalllant. ll.e.rei.n c:onb.in.d, and. ..tt.r tera (10) lSay. wr.ltten noUoe :t:oOfA the fAa.or .peoitying t.I:le d.rault .nd notice to cur. Or upon t.I:le t.:rainat10n of th1. Aqreelllent by forfeitur., default or expirat.ion, lA.soX' .hall haVe tun power and authority concurr.ntly a. folloWSI (.) Los.or uy considar Lea..e. at vill, and . . '. \ Z'.-ant.Z' 'and r.po..... all. of tIl. "and &net pr..t... i..edtat..ly, .1th.r by tore. or otherwi... (b) lA,.or .ay apportion any I:lU\t 10IhiCh ". hu raee1\1ad ~ tw:tber 4b'traLn tor all rent in an:-..I:" due or tUf I3IY lUld. payal:ll. in advanae, U h.r.1n .lsewhere provided. . (C) It I.e.... al)aU ta.1.l to ~y tIl. rant. a. tIl. .... beec:.. du., or .bl11 Qtharvi.e br'IQb any o( the cont1ition., covanant. or llJX'e..ent. harein cOl1ta1n'd, e1t.ller deinq th. ol:'19'in&1 ta1"ll ot tbb Aqr'...nt. or any ext.ansiol'l oX' ran "val thereot, 01:' Jot t!te ter:1l .b.r.by cX'..t~ or any .xt.n.iol'! t:J1arllot 'hIll hIve expl,Ud., t.he.n t:.bia I.e... A9'1;....ent ll:ae,\1, It. the Option ot lA..or, term1nata'lnd ~cowe VOid ~itho~t any right' On the Part ot I.e.... to .av.. t:h. tort'U:IIr' l:ly Pf,y:l&n';: at t!t. r.nt due or by any other pertol'llanc, ot t!:le oondition, covenant 01.' ac;;nUle.nt .br"ahad, &rid. I"Y 4ttor".y ot any COIU"t ot r.cord, a. attorney tor te...., ",d III lIlIo co.. into po.....ioD dllzl.nq th. ~.::a or c:)ntinuanee ot t:hia Atp".lIIent or WId.r Le...., lII'Y atlp.A"=' IUld li91' an IQ're._nt tell:' ent.erinq in tb. said court IUl uica.ble action in.;l.ctllent and cont... j~~qzent'~.r.in, in favor ot La.sor, hi. ,ucc",ora Qr a..1qn3, a. rlIL'ti~t; and aqainat Le...., and all ...ho' cOlie into PO....sion dU:t'i:'lq the tera or CQr.tinuar.ce or thia Lea.. "'q~.alllent:, or under Le...., .. De~enC.ant, Io'ithout any llt:Jy ot executiOn to IIp~ar tor the :,~cov.%y by Le..or Qr POIs...ion or the he:-e!n <1...er:lbed pr_i..., "'11:hout IlnY liabil1ty on the pert ~t 11414 l'C:torn.y, and . trrit at execution a. now or haraattal:' providad b~' law8 or ~le. ot civil hocedur. Q'overn1it" the .nfo;:c_ent ot jUdq1l.nta ..y 111'u, tor--h...ith ...ithout any prior trrit of PrQC.ed1n"., the Le...h, Ind all who come into po.....ion durinq ~. tera I)r oontinuance or thi. La"e "qr'_ent or wnder Le.~aa, harllby waivinq all notice., a~or., irr.qular~t!e. and detecta, and ~alea.inq end aqree1nq to r4l1...... Lessor I:ro. the I_a. Tha ented.n9 of .uch ac:t.l.:>n and oont...ion ..net .xecution ot jUdp.nt l:."1.r.in 1I~1l n81ther preclUde the bl.'1nfjlinq or furth,1:' wca.llle e.r.:tioM and cant...ion. ot jUdpent8, bereund'l~ nor the r..ortinq by Lee.or to oth.r Iction. and r...di... (dl For th. purpo.. o~, aaJcinq d.iatrairlt at' tor th. enfo:"'..nt at IUlI aell'r provbions of tbia l.ea.. llqr'..ane, lrttaaor .ha 1 1M .t; lUHtrty to .nter into ~4 upon .:ll. ..iel Pt'eahal; eithar by for,,_ or \ . o1:.he",h... and a180 in c;:&.e of ~btt'..illt;, the ,Oacla levi.d Ilpon ..y, at the Opt!.on of t..eor, be allov.c:l to l"..au on the prub.. untU 801" or oth.rvi.ee nlea..d. and any .pprai....nt at" .al. WIdar lUeII levy 11&)' b. ~.ld at any tiD. lAl..or 1lA)' de. Sore. aM nid l.vy sball be 1n fun torce .nd 'ftect untU 8uCh 'al. .~.ll be b.ld or the .1.1II6 ill othe:Ni.. r.l....act. I.ny 1." 01: cu.toa to the oontr.l:".f notv1th.tandJ.nq. And. for the f\U1:.h.r ..curino of .ai4 rant.. Lea... hereby &utborizu an<! "po"'.rs a.ny .ttorney ot. any court ot record to appau for ..n4 to ant:.er j\l.dlJlMnt. "9..imJt Le.... fa: the lIlIt.l.r. r.at r...ned tor the whol. ot ..aid t.ra, vith or vithout d.cla.r.tion, with COeu of sllit, rd.... of .rron, without .tar ot Q'ecut!on, ~ ",ith ':'1". (n) percent. .dc:ted tor COllect1on f..., a.ncl alao v.1v.. the r1iht ot inquidt:!on ot any r.al e.tate t1!o1t 111&1 b. 1.v:l..d \,1pon to collect .a.id j~d~.nt ~d de.. her.by vOluntarily condean tbe ...., anc1 autho:-i&.. the Prg!:.hanotu"y to ent'r upon any \n:'it ot ex.cution ..i4 voluntary c:onc;\eanatioa, and further ..~ee. th.t ..id re.l estate .ay be .Ql~ on _ vrit of ex.cutioll .. nIN or 11.:6&f1:.1:' provided by law or the allleB Qt:\':ivil ProCe(1".lre qov'Irninq the entol'ctU\lIlIt of jUdqment and hereby w&ives ~'d relea.e. all reli.f froB any and ..11 appr..il.men~, .~ay or ex..ption lawe ot: 'any stat., nIN in torce or her.atter to b. paa..d_ Th. enterinq ot .uch aotion an.;l ~nt.ss:l.on and ex.cution;'of j\ldqa.nt therein shall ne:l.ther preclude the, ~rinq ~nq of further aId oable let ions and confes.lon, of jUclqa.nts, hereundU, nor the ruort.1!l11 gy Le..Ol' to other Ictions and reae41... )4. It: r1q1.\..1:1l4 by Le...., fA.,Ol' &CJre.. to aacut. e Lan41ord'. Waiver ~aiv1nq, relinq\l.i.hing and relea.i~ unto any lending 1n'ti~ution. .11 riqht 0: levy or di.traint tor r.nt and all claw, li.n. &r.d d..and. whiCh the Le.sor ..y ha". tOl:' equip..nt to 1:1. :i.nat.,.ll.d on t.'1a I'r_i... by tho !A.... l.tntU !A....'. obliqationa,to ~. l.ndini :i.nstitution &re paid in fqll. The JA..or fUl;'ther ~"'Il~.r.t.nd. and 119"%'(U. !:.hilt upon the t.raination of this .1..... .qr....nt, LY.... .h..ll bave the ab.olute rir,rht, praVldinq it b n<:.t il\, detault W1der the tftE'JIS of this "p__.n'l:, to rl.ov, all ot ita eq,lipllent tro. the l...ed pnaJ..... 35. Lea.or qrant. to t.....'an option to pur~bA.e ~e prell.1... d..cr,il)ed 0:1 the plan ot prope::-t:y dated A~'iJU.t 22, 1989, 'attachad' hereto, for'th. tot..l con.ideration ot $Z75,000,OO. Thi. opt:l.on ehall e~~ir.. on Decemb.r 31, le,o, and ..y be exercised only it th~ Le.... is not in detault under the teE'JIS ot this t.a.. Aqr..mant. It~. option i. .x.rele.d, the parti.. " - - ~ ~ ,~~ ...... , , . , aqr.. that s.tu_ant: shall b. hel.d on or betor. January 31, 111'1 o~ .txty (60) day. a~ter t..... not1t1e. Le.IO~ ot ita intention to ale.rCl11. the option, WIl.ich.ver .hall fir-.t CIQe\IZ. At .ettleaant, the parti.. .hall .hare .11 realty transfer tax.. .qually anel ru1 e.tle. tl.lCU and lIlUnic1p&l utiliti.. lIball be pro rated to the dat. of I.ttl...nt. lattlaent i. continliJent on Le.lor abt&11IitlliJ an app~ec1 trUhd1vbioa tor the propo"d prllli... at th.ir ow.: eOlt. R'otvithltandin; th. torlQo1nq, Lelllor .ball ntair ~n .a...e.nt Uld r1;ht of way ov.r .aid lmnd.s to providl for inqra,. and eqrl.' tCl the IhClpp1nq canter. 36. Dur1n1 th. ten ot the lUll a;r._.nt and. any Ixtenaionl thereot, 'as lon; a. the Le.... t. not in detaul t under to'!e tenta at the Le4a. Aqr.ll1Ient, t.euor qrlUlt. to r....._ a d;ht of fir.to rerun1 to pw:cha.. the t"tIo traet.a ot land. dtuat. in Lower Allen Town.hip, ~rland COunty, Penntylv&nia, which are ;.n.rally k:'lown &II t!l.e "I.ovu ~llan Sho!?pLnq C.nt.!;''' an4 whir:b are 4e.cr~d in CUl:IberllU1d county Reeo::cI. in Deed Boolt D, VOIUll. 31, Pa;. 216 by de.d dated KArch 1, 1"5, Upon receipt of a bone.fide othr fQrpilX'challe of the herelnabov. pre.ai..., LN.or agr... to ~ot1ty Le.... of th. or:er, in ~1tlh9, an4 Le.... ahall have thirty (~O) day. tro. reoeipt of tbi. not1ce t~ notity tA..o~ ot it. intent.f.on 1:0 pU~cha.. the pr_i.e. un4er the ...... tar:u and. concUtion...... ..t forth in tbe bonaficla oU.r. Settle.ent ....ill be held no latu thl41 sixty (60) el.YII troll the date at :eceipc ot n?tiQQ by LeB.e.. 37. Th. partie. .9~ee ~~at e.~ shall P'Y one-half Q~ a r;.rt..in biU fro. '::'1"1.0& R. Letner, Inc., dat.<1 Noveaber 20, UII, perta.Lll.in; t.o ~. rUloval Of 9asoUn. litO rage t4nlta on the lIubj.ct. pr..iI.. at tha t.over Allen Sho'CIpinq C.nt.r, which bUl to\:al. $17,180.00. tA.... aqT.... to ply $.,~90.00 and r~..or alJr... to ""1' U,ttJ.OO, both payaenta':o be due upon the execution ot th. 1.... aqr....nt. 38. At tbe till. ot the execution of this .gr....ent, Le.... agr... to pay Lessor the su. ot;~1,200,OO r.presenting pre-l.... r~t for the .Qnth at Dece~, It19. Said $1,200.00 .hall be due and paylble upon ~~e execution of this 1.... .lJ1:'....nt. 31. All notion ..quired uncle:!:' W. lA... Aqne.ant Ihall be ..iled by c~rt1tiad a.il, return receipt requ.sted to the parti.. .. tollol.1 To 1A..c::'; 'l'haodoretos' !(outs.taoa , I T/A ~er Allan Shopping Canter 0/0 Dennie Theodoretoa ~l' xr.n2e1 Or1vo Caap Kill, PA 17011 I r . .".-a-r-.. - . ....w. ~ \ WHIr17XINMI1TMAN 41f9."nHfflfAw.yOl'Z 4.1, 9,ltJfiI a/fee' C1:1m.e 11171,j'rJ.I'fO~' Ph. 711-""-6.4/ Jerf1 r4()"" 10' \ BOj\ / tJo;.p 0"" \ ..:~i. ~M 12~~ \ \ r; ,,- \ ('C t. \ \ \ Ch'rt,Q \ \ I ~Q.:;o ~J \ - I.,J. ~......... /.\r;) /' ... Lillt/'""', \ J~(lc;jY S~ )din9.,.: "..A aLii ~ . e (,111'" .' dS100 Ilia/'! p"trlP Jlltf' ,A/CI ~ ~ " I I , t ~ ~ ~..,.: rl coil ') ~ ) , . ,.".... ,...... '....n fr; (", '-~.' , c;;; t-:: ...::f ...... ..'" . :.~ - ()" ) ~~- J (',1 ,,' -.,.L. (" ;i 'fEI" C ,( ft' ): ~ (T' " ., (F. C " ~ ...~t. -... .q ..J ,.' t:) Lt..ln h" .'C( t! (;. S'< f' , () jil C' f,'l , I', II. ..-.. f' , () (.,'1 , , '" _ 0 0- g:"""':::-ON ",,""gO V)........... ~ _..-~N("I") .~ )( 0.; cO ('I') o cJl -C') '" ~ ,~SiR' 0- 0 oil ~;:::: ~ - ;;:; C>: '~b. l'i :r.: .r: , , 62. Denied. The allegation set forth in Paragraph 62 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, It i~ denied that the Plaintiff's Complaint falls to state a calise of action upon which relief can be granted, and proof to the contrary Is demanded at the trial In this matter, 63. Denied, The allegation set forth In Paragraph 63 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it Is denied that the cause of action set forth in Plaintiff's Complaint is barred by the applicable Statute of Limitations, and proof to the contrary Is demanded at the trial in this matter, 64, Denied, It Is denied that the Plaintiff's injuries and damages were caused solely and directly as the result of individuals or entities other than the answering Defendants and over whom the answering Defendants had responsibility or control, and proof to the contrary Is demanded at the trial In this metteI'. 55. Denied. It Is denied that the Plaintiff's Injuries and damages were caused solely and directly as the result of any negligence on the part of the Plaintiff, Merllyn Shultz, in any of the respects set forth In sllb-paragraphs "a" through "c." It is denied that Plaintiff, Marilyn Shultz, failed to keep a proper lookout for whore she was walking, failed to wear proper footgear and/or failed to use a'l appropriate crosswalk. Proof to the contrary Is demanded at the trial in this matter. 2 66, Denied. The allegation set forth In Paragraph 56 Is a conclusion of law to which no responsive pleading Is required. To the extent that the Honorable Court deems a response necessary, the Plaintiff denies that the Plaintiffs failed to mitigate their damages, and proof to the contrary is demanded at the trial In this matter. 57. Denied. The allegation set forth In Paragraph 57 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, It Is denied that the Plaintiff's claims must be barred or diminished pursuant to the Pennsylvania Comparative Negligence Act because of any negligence on the part of the Plaintiff, Marilyn Shultz, Any express or Implied averment that the Plaintiff, Marilyn Shultz, was In any way negligent is specifically denied, and proof to the contrary is demanded at the trial In this matter. 58, Denied. The allegation set forth in Paragraph 58 Is a conclusion of law to which to responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessar>/, It Is denied that the Plaintiff, Marilyn Shultz, assumed the risk of her Injuries, and proof to the contrary Is demanded at the trial in this matter. WHEREFORE, Plaintiffs demand judgment against the Defendants for the relief set torth In their Complaint, 60-62, The allegations set forth In Paragraphs 60 through 62 are directed by the Answering Defendant to the other named Defendants, hence, no responsive pleading Is required from the Plalntlfts, 3 , , AND NOW, comes the Defendant, Triangle Car Wash, Ine" by and through its altomey, Gregory E, Cassimatis, Esquire, und files the following Reply to New Mutter Pursuant to Pa, R,C,P. 2252 (d) of Co-defendants Angelu Milonopoulos, Thomas S, Ntzanis, Georgc S, Ntzanis, Individually and lIdlb/a Lower Allen Shopping Center, as follows: 63. The answering Defendant incorpoflltes herein by referenee its responses to paragraphs I-51 of Plaintiffs' Complaint. 64. Admitted in purt and denied in part. It is admitted lhut a true und correet eopy of a lease agreement between Dennis Theodoflltos and Demetrlos C. Moutsatsos and Defendunt Triangle Car Wash, Inc. dated Junuary I, 1990, is altaehed to the Answer of Defendants Angela Mi1onopou10s, Thomas S. Ntzanis, George S. Ntzanis and Lower Allen Shopping Center, Said lease agreement speaks for itself; and the balance of tho allegations contained in paragraph 64 are denied. Further, any implication that said Icase agrecment applies to the facts of this case is speeifieally denied, 65. Admitted in part and denied in part. It is admitted that a true and correct copy of a lease agrecment between Dcnnis Theodoratos and Demctrios C, Moutsatsos and Defendant Triangle Car Wash, Inc, is attached to the Answer with New Matter of Defendants Angela Mi10nopoulos, Thomas S. Ntzanis, George S, Ntzanis and Lower Allen Shopping Center. Said lease agrcement speaks for itself, and the balance of the allegations contained in paragraph 65 are denied. Furthcr, any implieation that said lease agreement applies to the facts of this case is specifieally denied, 66, Paragraph 66 of the Co..defendants', Milonopou10s, Ntzanis, and Lower Allen Shopping Center, New Malter Pursuant to Pa, R.C.P. 2252 (d) states legal conclusions to which no responses are required. To the extent that responses are deemed nceessary und that said MARTIN SHULTZ and MARILYN SHULTZ, husband und wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 99-93 CIVIL v. ANGELA MILONOPOULOS, : JURY TRIAL DEMANDED individually Ilnd t/dlb/a LOWER ALLEN SHOPPING CENTER, THOMAS S. NTZANIS, individually and t/dlb/a LOWER ALLEN SHOPPING CENTER, GEORGE S, NTZANIS, individuully and t/dlb/a LOWER ALLEN SHOPPING CENTER, MICHAEL INTRIERI, individually and t1d/b/ll STEPHENSON'S TIRE & SERVICE CENTER, PAMELA INTRIERI, individually IIl1d t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASil, INC., Defendants : CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTAR Y OF CUMBERLAND COUNTY: Please substitute the verification of Angela MlIonopoulos Loxas for that of counscl with respeet to the Answer with New Matter filed on beha1fofthe Lower Allen Shopping Center Defcndants in the above matter. Mrs. Loxlls' verification is attaehed hereto and marked Exhibit "A". MARSHALL, DENNEHEY, WARNER, COLEt- N & GOGGIN (BY: . .'~- . ----- DATE: Attorneys for Lower Allen Shopping Center Defendants '~fJ ''-#'(~ . ~ - 0/." 4,IS' <'~el-I ~ v. 4 ., 'it" O{/I-"/1" 1//1 Ilte'~, 4~}'1 I~)O/I ,e:-/~{.~ '/JI-c' ".f'" 0 c' 1ft):. 0" 6'Q0. /II/,' , 0. '4, ., "''v "'" " .."", 0",,:'.0,, '"" 6 "~,, 0, ~ 10,so" QI,,/> 0:>,) "",/. 'It/, '-1/1'" (1,)" :1- e", 'fJJI 10 '~/Q' "Yo fl"" "'/} "c' 'S'" I" "1/ "II. "Y1t ' '''0- "'" "4, "" o,~ ". .~ 0 """ "",. '0, "'" 0",,, ..... 0... ... "-'", "" , 4 '." 6"" ~ fl'Q '7/1 '<t. "01' eh 0 I,'l 01' "c' 00. 0. .",. a,o ., '. ~ ">" ,. 0 'h.'" "'" """ ". ',.. '",. ~"'. '." "0. ""/ ">,. ."" "',. """,. ,. "'6 . .W'6 ..' ",-. "" ' ""',,, ',~. /"v, '''k % ~" ",.." '" "./ "/ "'" ~ "0 ~""" ,~ '0 1/ e~~i:' '//;' /JJ.y .s' 6/1 JI!J. ~/" Oq"l ' ""'~., fJe' /Cql.' / A, ,(i '~l'(1 0" "'-'t. ,PC; _, Pc}' /0/1: VI:'/y 70II-/, I~ ""', ' () Or ~ 7QIt-,c:s, ' 14c' ~ .Cl-~o ,'1/1 Ji,', 14 01.t I.! 0/'1 1//1.-, -11//., . 'I/I/,' ~)J'h- '/Jy(' Iqlf, .f' r,e. :Ir' Or. "fQ" , " , ' ~ Ir~7 ,~s*,/J'l-I 'I/O 1;'QI,0/1 /0/1 ~;~f/ I, ... "~A /11.. "Q, '1lJ.'f 'I/C'L r 'I, c. "0 0,/' r, L ", ~ "Co, 10. 0. v,,/,' 'I( 'il'Po. 'i~r/<< 011/1.s-0; /,,/.' "i/' 71,... , I \) '''c.o:: "IP 0. "--.... ~ q0, "'I ...., <.J /"'() w '0 v/ ~ 0, :Ir'<</(, , -11/Ort; ... ... iT; .~. E c:: ~5 .. .c, - ~)"''- I~') ..:'} .(~i :t: ()~2 ~p; Q~ r"J ~:J (Y' 01 ;[';,~1 .11./.. I __.J /):: '-:-~.;- tLPJ ,iJr,J r!: ('c. UJr.t., co: b Ol "5 0'\ Ci . , Complaint falls to set forth a CBuse of action upon which relief can be granted against the answering Defendonts, and proof to the contrary Is dmnanded at the trial In this mattor, 53. Denied, The allegation sat forth In Paragraph 63 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response nocessary, It is denied that the Plaintiffs' cause of action and/or right of recovery Is barred by the applicable statute of limitations, and proof to tho controry is demanded at the trial In this matter. 54, Denied, The allegation set forth In Paragraph 64 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, it Is denied that the Plaintiff, Marilyn Shultz's Injuries and damages were caused solely and directly as a result of Individuals or entities other than the answering Defendants and over whom the answering Defendants did not have any responsibility or right to control, and proof to the contrary Is demanded at the trlelln this matter. 55, Denied. The ollegatlon set forth in Paragraph 55 Is 11 conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, It Is denied that the Plaintiff, Marilyn Shultz's Injuries and damages were caused solely and directly as a result of any negligence on the part of the Plaintiff, Marilyn Shultz, in failing to use reasonable care to look out for her own safety or otherwise, and proof to the contrary Is demanded at the trial In this matter. 2 66. Denied, Tho allegation sot forth In Paragraph 66 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, It Is denied that the Plaintiffs have failed to mitigate their damages, and proof to the contrary Is demanded at the trial In this matter, 67, Denied, The allegation set forth in Paragraph 57 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims are barred or diminished pursuant to the provisions of the Comparative Negligence Statute, and proof to the contrary Is demanded at the trial in this matter, 68. Denied. The allegation set forth in Paragraph 58 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims mayor are barred by the Plaintiff's assumption of the risk, and proof to the contrary Is demanded at the trial In this matter, 59. Denied, It is denied that the Plaintiff was not a business invitee on any portion of the premises owned by the Lower Allen Defendants. 60. Denied. It is denied that the Lower Allen Defendants did not owe Plaintiff a duty of care and proof to the contrary is demanded at the trial in this matter. 61, Denied. The allegation set forth In Paragraph 61 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the ] Honorable Court deems a response necessary, It is denied that the Plaintiff, Marilyn Shultz's own negligence was the sole and proximate .cause of her injuries and damages, and proof to the contrary is demanded at the trial in this matter. 62, Denied. The allegation set forth In Paragraph 62 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Lower Allen Defendants did not have either actual or constructive notice of the defect existing on their premises and which caused the Plaintiff's fall. By way of further answer, the Plaintiffs aver that the weeds and grass growing on the apparent dividing line between Stephenson's Tire Center and Triangle Car Wash was observable by the answering Defendants and that they either had actual knowledge or constructive knowledge of the hazardous condition, that is, they ,should have been aware of the hazard caused by the weeds and grass concealing the raised macadam curb on the parking lot. WHEREFORE, Plaintiffs demand judgment against the answering Defendants for the relief set forth in their Complaint. 63..66. The allegations set forth in Paragraphs 63 through 66 are directed to the non-answering Defendants, and hence, no responsive pleading Is required from the Plaintiffs, 4 extcnt a response is requir"d, the lease agrcement IIl1egedly entered into between Lowcr Allen Shopping Centel' lInd Triangle Car WlIsh speaks for itself. 66, Denied. Parngl'lIph 66 is a coneluslon of law to whieh no response is required, To the extcnt a response is rcqnired, the answering Defendllnt Stephenson's Tire & Service Center hereby asserts its full rights to indemnification lInd eontribution against Defendllnts Lower Allen Shopping Center and Triangle Car Wash on lhe basis that Lower Allen Shopping Center and Triangle Car Wash are alone liable, liable over, 01' jointly and severally liuble to the Plaintiffs on thcir cause of aetion as alleged. WHEREFORE, Michaellntreri, individually and t/d/bfa Stephenson's Tire & Service Center and Pamela Intrcri, individually and t/d/b/a Stephenson's Tire & Service Center respectfully request this Honorable Court to enter judgment in their favor and against the Defendants Triangle Car Wash and Lower Allen Shopping Ccntcr, In the alternative, answering Defendants demand that in the evcntjudgmcnt is entercd against them, any liability on the part of said answering Defendants being spceifically denied, the judgment should be cnteredjointly and severally against Defendants Triangle Car Wash, Angela Milonopoulos, individually and l/d/b/a Lower Allen Shopping Center, Thomas S, Ntl.unis, individually and t/d/b/ll Lower Allen Shopping Center, and George S. Ntzanis, individually and t/d/b/a Lower Allen Shopping Ccnter, and Triangle Car Wash, Inc, or that said Defendants be held liable over to the answering Defendllnts, Michaellntreri, individually and lIdlb/a Stephenson's Tire & Service Center and Pamela Intrcri, individually and t/d/b/a Stephenson's Tire & Scrviee Center for eontribution and/or indemnity. 2 IN 'll1f: COliRl' OF COMMON P tl<:JtS OF Cli1'tt8Eb PENNS\l1,,, ANIIt . "'LAND COliN1'Y, It1ltRl'IN lmUL 1'l'nd It1IlRI1, YN SIIliL 1Z h b ' u, 'nd 'nd "'ife Plllllltl", ". A.NGELA It1ILONOp 'nd t1dlb/. LOWER A~fLOS, IndJt'ldu.lJy CENl'ER, l'II0MIlS S N:N SHOPPING Indlt'/du'lJy IIl1d t/dlb/. 'LO~~~/S, SHOPPING CEN1'ER G " ALLEN lV1'lANIS J , ORGE s. LOW!'R ndJ"ldll.,ly IInd t1dlb/. It1ICH~Et~;:N SHOPPING CENl'lER, t/dlb/. Sl'EPIIE~:RI, Ind/t'ldu.IIY.lld CENl'ER, PAIt1EiItO~~:~~~ & SERVICE Jnd/t'Jdulllly '"d tldlb/IJ ' ~:I';SOI';'S TlIll; & "'V,eE la, ' 'nd 1'll1ItNGLE C' b rr' ItSII, INC. , "''' Defendllnts CJ"Jlllctlon . La", No. 99.93 : : {'E I 0' "q; AND NoW, this :J.31h1 ~. . (? -_day of "~I ') ~ "" -- . --. /999. '. e,""" Be. ..... 'Of"" fi""OfGIlJPPIl11S1, . ~'." """'" . ' IC/(LER, LERMAN SOL '(Mas hereby ecrti/} that I have th' d '& CALK.nvS, Esquires ' Is ate, served a cop f h , Yo t e Inter,'ogatorieslR 'f""."... Of..... .. ......, for _""'_. lints, <r,/chllcllntrerJ IInd p.", I I S e /I IItrerl each JlldJ Id ........... n". '" , . , .~... V"", ". ce Center to PlaJntl" by Unit d S '"'""y of """'d .. fOlio., . t"" M,". Odd,_ 10 "" ,.",. '" W. Scolt Henning bsqu' HANDLE ' Ire ROSENBERG WIENER, IfENNING & 319 !'1arket Street, P.O. Box /J 77 lfal'/'i.9burg, PA 17108 Sharon M. O'Donneu, Esquire MARSHAtL, DENNEHEY WARN COLEMAN & GOGGIN' ER, 100 Pille Street, 4'~ Floor p.O. Box 803 Harrisburg, PA 17/08-0803 - I Gregory E.Cassamatis, Esquire BERLON & TIMMEL 4999 Louise Drive, Suite 103 Meehnnicsburg, PA 17055 GRIFFITH, STRICKLER. LERMAN, SOL YMOS & CALKINS //) ~1 BY --t<~ 4: :(- CHARLES B. CALKINS Supreme Court I,D. No, 36208 I JO South Northem Way York. PA 17402 Telephone No. (71'1) 757-7602 >-~ 0\ I ~~.: ('-'.f 1"-< " " LJ': ~.~l tiSl '~ . ~ (-1-- ~ - - I l.:--: 4.1" ~'Jj , ;q ()' : ~ :__1 ~Oi /)' ,0 (IJ 1.1.\ (~J . (" :'.1[(1 ~f~1 (I. ,- ."'-~ ,'JCl.. , " 0') -~~) , ) u.' 0 ! ~ I' " .. , . Sharon M. O'Donnell, Esquire MARSHALL, DENN/lHEY, WARNER, COLEMAN & GOGGIN 100 Pine Slreet. 4'h Floor P.O. Box H03 Harrisburg, P A J 71 08-0H03 Gregory E.CasSarnatis, Esquire BERtoN & TIMME/, 4999 Louise Drive, SUite J 03 Mechanicsburg, PA 17055 ORIFlIlTH, STRICKLER, LERMAN, SOL YMOS & CALKINS - / ;;' ~/ '/ BY 0rc... _ _ .~ - CHARLES . CALKINS Supreme Court I.D. No. 36208 110 South Northern Way York, PA 17402 Telephone No. (7/'7) 757-7602 '. ;" ---4~ ~ ;J/~ 11) >~ ..J ..,. \"; b-; .- ct '- ~ r:!.:: .. Q (+-, ...-.. ILl. .- (, " \) .,:...( ll_ R '-~: f' d e[/( Cl , 0 ~ 0' N , diL' L:' , " '-1' lLl I Co; 'lSg. I'. C''1 Ci G\ . .