Loading...
HomeMy WebLinkAbout07-4615~ ~s MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKET NO.: ~')' - '~`[S DAVID A. PEFFLEY, :CIVIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL BY DEMAND Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff for service upon: David A. Peffley Stephanie J. Peffley 110 Maple Avenue 110 Maple Avenue Camp Hill, PA 17011 Camp Hill, PA 17011 David A. Peffley, Jr. 110 Maple Avenue Camp Hill, PA 17011 MCSHANE & HITCHINGS, LLC Date: ~ ~ t h L. Hitchings, Esquir tt ey I.D.# 65551 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 Attorney for Plaintiff ~~ -T d ~)~. d....' ~_ %- ~~ - ~~'- ~:.. N C A' w -.~ N CJt N '17 'i1 ~c `~ v~ ~~ -G w WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Dater 7 ' Pro onotary By. Deputy SHERIFF'S RETURN - REGULAR . - -, CASE NO: 2007-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRAWLEY MEGAN M VS PEFFLEY DAVID A ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PRAECIPE FOR WRIT OF SUMM was served upon PEFFLEY DAVID A the DEFENDANT at 1927:00 HOURS, on the 8th day of August 2007 at 110 MAPLE AVENUE CAMP HILL, PA 17011 STEPHANIE PEFFLEY by handing to ADULT IN CHARGE a true and attested copy of PRAECIPE FOR WRIT OF SUMM together with WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .58 Surcharge 10.00 .00 p ~)~'b1 ~ 40.10 Sworn and Subscibed to before me this day of , So Answers: ~-~E~ R. Thomas Kline 08/09/2007 MCSHANE HITCHINGS By: eputy S eriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRAWLEY MEGAN M _ VS PEFFLEY DAVID A ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PRAECIPE FOR WRIT OF SUMM was served upon PF.FF'T,F.Y ~TRPHANTF .T the DEFENDANT at 1927:00 HOURS, on the 8th day of August 2007 at 110 MAPLE AVENUE CAMP HILL, PA 17011 STEPHANIE PRFFLEY a true and attested copy of PRAECIPE FOR WRIT OF SUMM together with WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. by handing to Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 So Answers: ~I/'. sp,~~~~ ~' 16.00 Sworn and Subscibed to before me this of day R. Thomas Kline 08/09/2007 MCSHANF iTTTnVTTT/"~C+ B~ A.D. SHERIFF'S RETURN - REGULAR ... CASE NO: 2007-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRAWLEY MEGAN M VS PEFFLEY DAVID A ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PRAECIPE FOR WRIT OF SUMM was served upon PEFFLEY DAVID JR the DEFENDANT at 1927:00 HOURS, on the 8th day of August 2007 at 110 MAPLE AVENUE CAMP HILL, PA 17011 by handing to STEPHANIE PEFFLEY (ADULT IN CHARGE) a true and attested copy of PRAECIPE FOR WRIT OF SUMM together with WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 b,11~o~ ~,,, 16.00 Sworn and Subscibed to before me this day of , So Answers: ~~ R. Thomas K 08/09/2007 MCSHAT E A.I ~, ~'-~ ne ~ .~ MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 07-4615 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendants, David A. Peffley, Stephanie J. Peffley, and David Peffley, Jr. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP .. r? .~' <~' ,, ,. ~~ - ~ Richard B. Druby, Esqui~l Attorney LD. 61904 '~ ~' 840 East Chocolate Aveni Hershey, PA 17033 (717) 533-5406 telephone (717) 533-5717 facsimile Attorney for Defendants ~ ~M CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 12th day of October, 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Joseph L. Hichings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 ra ~ ~~ _ . ~- ^ = 't ~ ~ - ~= y , -= , - ~ y /., .r ... .. MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 07-4615 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Enter Rule on the Plaintiff to file a Complaint within twenty (20) days of service or suffer judgment of non pros. Respectfully S~bri tted, -~ , ~, NESTIC4: DRk1BY''.~i~ ] Richard B. Dru y Attorney I.D. N . 6 04 ;~ fe 840 East Chocolate Avenue Hershey, PA 17033 Tel: (717) 533-5406 Fax: (717 533-5717 Attorney for Defendant _. ,,. MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION- LAW DAVID A. PEFFLEY, NO. 07-4615 STEPHANIE J. PEFFLEY, and :JURY TRIAL DEMANDED DAVID PEFFLEY, JR. Defendants. RULE TO FILE A COMPLAINT To: Plaintiff c/o Joseph L. Hitchings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Attorney for Plaintiff You are hereby directed to file a Complaint in the above matter within twenty (20) days of service or non pros will be entered against you. S IC P othonotary Dig Date: p /!o b , ~ O ~ -°; --t ._.,. c'~ ~? ~ , { ~r r _' t' Al ~ ~ _ f l r ~y `F ~...' ~ e- ~ Cs~ -G ,, ~. MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, DOCKET NO.: 07-4615 CIVIL TERM DAVID A. PEFFLEY, :CIVIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL BY DEMAND Defendants To: David A. Peffley, Stephanie J. Peffley, and David Peffley, Jr. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. LAWYER REFERRAL SERVICE 4"' Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 Aviso USTED HA SIDO DEMANDANO/A EN CORTE. Si usted desea defenderse de las demandas que presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos vietne (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente or por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, law demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede procedar sin usted y un fallo par cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o poriedad u otros derechos imporantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTAT OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. LAWYER REFERRAL SERVICE 4~' Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKET NO.: 07-4615 CIVIL TERM DAVID A. PEFFLEY, :CIVIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL BY DEMAND Defendants f'(1MPi . A iNT AND NOW, thisday of November 2007, comes the Plaintiff, Megan M. Frawley, by and through her undersigned attorneys McShane &Hitchings, LLC, and Joseph L. Hitchings, Esquire, and avers in support of her Complaint against Defendants as follows: 1. Plaintiff, Megan M. Frawley is an adult individual currently residing at 6974 New Oxford Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendants, David A. Peffley, and Stephanie J. Peffley, are adult, married individuals currently residing at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant, David Peffley, Jr., is an adult individual with a last known address of 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Defendants, David A. Peffley and Stephanie J. Peffley are the natural parents of Defendant, David Peffley, Jr. 5. On August 4, 2005, Defendant, David Peffley, Jr., invited the Plaintiff to attend a pool party at the residence where he was living at the time and which was owned by his parents, Defendants, David A. Peffley and Stephanie J. Peffley, located at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 6. Defendant, David Peffley, Jr., provided and furnished alcoholic beverages to his guests at the party on August 4, 2005. 7. Upon arrival at the party, Defendant, David Peffley, Jr., handed the Plaintiff an alcoholic beverage despite the fact that he knew she was under the legal drinking age of 21. 8. Defendant, David Peffley, Jr., continued to provide alcoholic beverages to the Plaintiff while she was at the party until she became visibly and highly intoxicated. 9. Defendant, David Peffley, Jr., had been friends with the Plaintiff for several years, and was aware of her age and the fact that she was not legally able to consume alcoholic beverages. l 0. On the date of the party, August 4, 2005, Defendant, David Peffley, Jr., had criminal charges pending against him for burglary and theft in the Cumberland County Court of Common Pleas docketed to No. CR-1240-2005. 11. As a result of the pending criminal charges, Defendant's bail was set at $10,000.00 dollars, which was posted on his behalf. A standard condition of Defendant's bail was that the Defendant was not to engage in any illegal or unlawful activity. 12. Prior to August 4, 2005, Defendant, David Peffley, Jr., had previously thrown parties at his parent's home, at which alcoholic beverages were served to minors. 13. During the party on August 4, 2005, at the Defendant's residence, several guests climbed up on the roof of the residence and were attempting to jump into the pool. 14. The Plaintiff was likewise permitted to climb on the roof of the residence; however, due to her high level of intoxication, and resultant lack of coordination and balance, she fell off the roof, landing on a cement patio approximately 15 feet below. Count I Plaintiff v Defendant, David A. Peffley, Jr. 15. Paragraphs 1 through 14 hereof are incorporated by reference as if the same were more fully set forth at length herein. 16. As an invited guest to the party thrown by the Defendant, David A. Peffley, Jr., Defendant, David Peffley, Jr., owed to the Plaintiff the duty of care to ensure that the property was safe and that the Plaintiff would not be injured. 17. Defendant, David Peffley, Jr., knowingly served or furnished alcohol to the Plaintiff, who he knew to be a minor at the time. 18. By providing and furnishing alcohol to a minor, the Defendant breached his duty to the Plaintiff not to place her in a foreseeable risk of harm. 19. Defendant knowingly served and furnished alcohol to the Plaintiff causing her to be highly and visibly intoxicated, to the extent that her cognitive abilities were affected, and she could not make rational decisions for herself. 20. Defendant, David Peffley Jr., knew, or should have known, that by serving alcoholic beverages to the minor Plaintiff to the extent she became invisibly intoxicated, placed her at a foreseeable risk of harm for falling, or otherwise hurting herself. 21. Defendant, David Peffley, Jr., knew, or should have known that permitting a visibly and highly intoxicated minor to climb up upon the roof of his residence put the Plaintiff in a foreseeable risk of harm. 22. The Plaintiffs 15-foot fall from the roof of the Defendant's residence to the concrete patio below was a direct and proximate result of the careless and negligent conduct of Defendant, David Peffley, Jr., including but not limited to: a. Furnishing alcoholic beverages to a minor; b. Furnishing alcoholic beverages to a minor in a quantity that caused her to become visibly and highly intoxicated; c. Permitting a visibly and highly intoxicated minor to climb up on the roof of his residence; d. Failing to warn the visibly and highly intoxicated minor Plaintiff that she could injure herself as she climbed up upon roof of Defendant's residence; e. Failing to prevent a visibly and highly intoxicated minor Plaintiff from climbing on the roof of the Defendant's residence; and f. Breaching the general duty not to place the Plaintiff in a foreseeable risk of harm pursuant to the Social Host Liability Doctrine. 23. After the Plaintiff fell, she was taken by ambulance to the Holy Spirit Hospital emergency room in Camp Hill, Pennsylvania. 24. As a direct and proximate result of the careless and negligent conduct of Defendant, David Peffley, Jr., Plaintiff sustained the following injuries and or aggravations ofpre-existing conditions, some or all of which may be permanent: a. Seven (7) left rib fractures; b. Pulmonary Contusion; c. Left Distal Radius Fracture; d. Left Iliac Wing Fracture; e. Lacerated spleen; and f. Collapsed lung. 25. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered serious and permanent injury, which required medical treatment, including multiple surgeries, for which she has incurred medical bills and expenses and may require further. medical treatment and expenses in the future. 26. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered an interruption of her daily habits and pursuits to her detriment and loss. 27. As a direct result of the fall and injuries sustained there from, following her stay in the hospital, Plaintiff had to complete almost a full year of physical therapy. 28. As a direct result of the fall and the injuries sustained there from, Plaintiff lost her job and suffered a loss of wages; and had a difficult time obtaining a new job as she was not permitted to drive as a result of her injuries and had to attend frequent doctor appointments. 29. Prior to her fall, Plaintiff was enrolled in college and planned on attending the Pennsylvania State Police Academy to receive her Act 120 training to be a police officer. 30. As a result of her injuries, Plaintiff was not able to attend the Pennsylvania State Police Academy, as she could not meet the physical requirements. 31. Plaintiff, following the fall, and her inability to attend the Pennsylvania State Police Academy, Plaintiff decided to enlist in the United States Navy, however, she was not able to because she failed her physical due to having the metal pins that were placed in her anm during her surgeries. 32. As a result of her injuries from the fall, including the broken ribs, Plaintiff has developed a large mass on her back which is extremely painful and which cannot be removed due to its location and the involvement with her nerves. 33. As a result of the fall and her injuries, the Plaintiffhas sustained permanent, disfiguring scaring, including an approximate six (6) inch scar on the inside of her arm. 34. All the injuries and damages as set forth herein suffered by Plaintiff, Megan Frawley, were caused by the carelessness and negligence of Defendant, David Peffley, Jr. WHEREFORE, Plaintiff, Megan Frawley demands judgment against the Defendant, David Peffley, Jr., in an amount in excess of twenty-five thousand ($25,000.00) dollars, plus costs, interest, and delay damages, if applicable. Count II Plaintiff v Defendants, David A Peffley and Stephanie J. Peffley 35. Paragraphs 1 through 34 hereof are incorporated by reference as if the same were more fully set forth at length herein. 36. At all times material hereto, Defendants, David A. Peffley and Stephanie J. Peffley, were the record owners of the property located at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 37. It is believed and therefore averred that Defendants, David A. Peffley and Stephanie J. Peffley, knew that their son, Defendant, David Peffley, Jr., prior to the date in question, had parties at their residence at which alcoholic beverages were served to minors. 38. It is believed and therefore averred that the Defendants were aware that their son was out on bail pending criminal charges in Cumberland County Court, and either posted the monetary bail on his behalf or, made the arrangements for his bail to be posted. 39. Defendants knew, or should have known, that a condition of their son, Defendant, David Peffley, Jr's., bail was that he was not to engage in any illegal or unlawful activities. 40. It is believed and therefore averred that following his release on bail from the Cumberland County Prison, the Defendants, David A. Peffley and Stephanie J. Peffley, permitted their son, Defendant, David Peffley, Jr., to reside in their residence located at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 41. It is believed and therefore averred that on August 4, 2005, Defendants, David A. Peffley and Stephanie J. Peffley, were away from home, and knew, or should have known that their son, Defendant, David Peffley, Jr., was having a party at their residence at which alcoholic beverages were going to be served. 42. It is believed and therefore averred that the Defendants, David A. Peffley and Stephanie J. Peffley, permitted or authorized their son, Defendant, David Peffley, Jr., to have the party at their residence on August 4. 2005, or took no steps to prevent the Defendant from having the party at their residence. 43. As the property owner of the property in question, Defendants are liable to the Plaintiff as an invited guest for reasonably foreseeable harm. 44. Defendants, David A. Peffley and Stephanie J. Peffley, took no affirmative actions to insure that minor, invited guests, including the Plaintiff, would not be served alcoholic beverages or harm themselves on their property. 45. Plaintiff s fall and result and injuries were a direct and proximate result of a careless and negligent conduct of Defendant's, David A. Peffley and Stephanie J. Peffley, including but not limited to: a. Permitting and/or failing to prevent the furnishing of alcoholic beverages to a minor at a party at their residence; b. Permitting and/or failing to prevent the furnishing of alcoholic beverages to a minor in a quantity that caused her to become visibly and highly intoxicated at a party at their residence; c. Failing to prevent a visibly and highly intoxicated minor Plaintiff from climbing on the roof of the their residence; and d. Breaching the general duty not to place the Plaintiff at a foreseeable risk of harm pursuant to the Social Host Liability Doctrine. 46. As a direct and proximate result of the careless and negligent conduct of Defendant, David Peffley, Jr., Plaintiff sustained the following injuries and or aggravations and pre-existing conditions, some or all of which may be permanent: a. Seven (7) left rib fractures; b. Pulmonary Contusion; c. Left Distal Radius Fracture; d. Left Iliac Wing Fracture; e. Lacerated spleen; and f. Collapsed lung. 47. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered serious and permanent injury, which required medical treatment, including multiple surgeries, for which she has incurred medical bills and expenses and may require further medical treatment and expenses in the future. 48. As a direct result of the fall and the injuries sustained there from, Plaintiffhas suffered an interruption of her daily habits and pursuits to her detriment and loss. 49. As a direct result of the fall and injuries sustained there from, a condition to her stay in the hospital, Plaintiff had to complete almost a full year of physical therapy. 50. As a direct result of the fall and the injuries sustained there from, Plaintiff lost her job and suffered a loss of wages; and had a difficult time obtaining a new job as she was not permitted to drive as a result of her injuries and had to attend frequent doctor appointments. 51. Prior to her fall, Plaintiff was enrolled in college and planned on attending the Pennsylvania State Police Academy to receive her Act 120 training to be a police officer. 52. As a result of her injuries, Plaintiff is not able to attend the Pennsylvania State Police Academy. 53. Plaintiff, following the fall, and her inability to attend the Pennsylvania State Police Academy, Plaintiff decided to enlist in the United States Navy, however, she was not able to because she failed her physical due to having the metal pins that were placed in her arm during her surgeries. 54. As a result of her injuries from the fall, including the broken ribs, Plaintiff has developed a Iarge mass on her back which is extremely painful and which cannot be removed due to its location and the involvement with her nerves. 55. As a result of the fall and her injuries, the Plaintiff has sustained permanent scaring, including an approximate six (6) inch scar on the inside of her arm. 56 All the injuries and damages as set forth herein suffered by Plaintiff, Megan Frawley, were caused by the carelessness and negligence of Defendants, David A. Peffley and Stephanie Peffley. 57. Defendants, David A. Peffley and Stephanie J. Peffley are liable individually or jointly and severally to the Plaintiff, Megan Frawley. WHEREFORE, Plaintiff, Megan Frawley demands judgment against the Defendant, David A. Peffley and Stephanie J. Peffley, in an amount in excess of twenty- five thousand ($25,000.00) dollars, plus costs, interest, and delay damages, if applicable. Respectfully submitted, Date: ~ ~ ~ MCSHANE & HITCHINGS, LLC sep Hitchings, squire Attorney I.D.# 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 Attorney for Plaintiff VERIFICATION I, Megan M. Frawley, verify that the statements made in this Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. '' .. Date Meg .Frawley • MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-4615 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL BY DEMAND CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Postal Services Richard B. Druby, Esquire, Nestico, Druby, & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 MCSHANE & HITCHINGS, LLC Date: f ~ ~ b Attorney I.D.# 65551 4807 Jonestown Road, Suite ~ ~ Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 Attorney for Plaintiff ("'y r ~~ rv :: _ .,7 G --~-1 --~-~ t ` 1 » . ~ Y i ~ t ~_.A .a... ~ ` ,..1 S _ 1 __ ; r~' ~, . '_ _ ~;•~ ~i -~~ Pf~ .~ MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. CIVIL ACTION -LAW DAVID A. PEFFLEY, .STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants :JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff c/o Joseph L. Hitchings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default of judgment may be entered against you. Dated: ~`~~` 6~i NESTICO, D)~Y/~i HILDABRAND, LLP By: fv~~- ~'r.Q" ~~ ~ichard B. Drub , Esq ' e/ Attorney I.D. N 6 4 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717)533-5717 Attorney for Defendants MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. : CIVIL ACTION -LAW DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, it is hereby Ordered that the Preliminary Objections of Defendants to Plaintiff's Complaint are sustained and Plaintiff's Complaint is dismissed, with prejudice. BY THE COURT: J. 2 MEGAN M. FRAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. CIVIL ACTION -LAW DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, it is hereby Ordered that the Preliminary Objections of Defendants are hereby sustained and the following relief is GRANTED: 1. Defendants, David A. Peffley and Stephanie J. Peffley are hereby dismissed as Defendants, with prejudice; 2. The phrase "including but not limited to" in Paragraphs 22 as well as the allegations of Paragraph 22(f) are stricken from Plaintiff s Complaint; 3. Paragraphs 10, 11, 38, 39 and 40 are stricken from Plaintiff s Complaint. BY THE COURT: J. 3 MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. : CIVIL ACTION -LAW DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. ' Defendants :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, it is hereby Ordered that the Preliminary Objections of Defendants are hereby sustained and the following relief is GRANTED: 1. The phrase "including but not limited to" in Paragraphs 22 as well as the allegations of Paragraph 22(f) are stricken from Plaintiff's Complaint; 2. The phrase "including but not limited to" in Paragraphs 45 as well as the allegations of Paragraph 45(d) are stricken from Plaintiff's Complaint; and 3. Paragraphs 10, 11, 38, 39 and 40 are stricken from Plaintiff s Complaint. BY THE COURT: J. 4 MEGAN M. FRAWLEY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 CIVIL ACTION -LAW DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, by and through their counsel, Nestico, Druby & Hildabrand, L.L.P. and file these Preliminary Objections to Plaintiffs' Complaint as follows: 2. On or about November 7, 2007, Plaintiff filed a Complaint against the Defendants. Plaintiff seeks to hold Defendants liable for alleged injuries she sustained on August 4, 2005 when she jumped from the roof of Defendants' home in an attempt to reach the swimming pool. DEMURRER BY DEFENDANTS, DAVID A. PEFFLEY AND STEPHANIE PEFFLEY 3. 4. In paragraphs 35 through 45 of the Complaint, Plaintiff allegedly sets forth conduct for which she seeks to hold Defendants, David A. Peffley and Stephanie Peffley liable for causing her injuries. Plaintiff alleges that Defendants, David A. Peffley and Stephanie Peffley, as owners of the property where the alleged party was held, are liable for Plaintiff's injuries because alcohol was served to her on their property. 5 5. Plaintiff further alleges that David A. Peffley and Stephanie Peffley caused her injuries by permitting and/or failing to prevent the furnishing of alcoholic beverages to a miner at the party, permitting and/or failing to prevent the furnishing of alcohol to her in a quantity that caused her to become visibly intoxicated, failing to prevent her from climbing on the roof of the residence and breaching the general duty of a social host. See Complaint, paragraph 45. 6. Plaintiff admits that Defendants, David A. Peffley and Stephanie Peffley, were not at home at the time of the alleged events. See Complaint, pazagraph 41. 7. The above allegations do not sufficiently plead any cause of action against Defendants, David A. Peffley and Stephanie Peffley. 8. Under Pennsylvania law, liability will not be imputed to an adult who "knew or should have known" that alcohol was being served to a minor on the adult's property. Rather, there is no liability for the serving of alcohol to a minor unless the adult is involved in the planning of the event or the serving, supplying or purchasing of the alcohol for consumption by the minor. See Winwood v. Breeman, 788 A.2d 983 (Pa. Super. 2001). 9. Accordingly, Plalntiffls Complaint fails to state a cause of action against Defendants, David A. Peffley and Stephanie Peffley. WHEREFORE, Defendants, David A. Peffley and Stephanie Peffley, respectfully request that Plaintiffls Complaint be dismissed with prejudice. IN THE ALTERNATIVE. PRELIMINARY OBJECTION BY DEFENDANTS. DAVID A. PEFFLEY AND STEPHANIE PEFFLEY IN THE FORM OF A MOTION TO STRIKE 10. The preceding pazagraphs aze incorporated herein by reference. 6 11. In the event that this Court denies the demurrer raised by Defendants, David A. Peffley and Stephanie Peffley, the following preliminary objection is lodged with regard to Plaintiff's Complaint. 12. In paragraph 45, Plaintiff alleges that Defendants, David A. Peffley and Stephanie Peffley were negligent for reasons "including but not limited to" those enumerated by the Plaintiff. 13. Moreover, in Paragraph 45(d), Plaintiff alleges that Defendants, David A. Peffley and Stephanie Peffley, breached the "general duty not to place the Plaintiff at a foreseeable risk of harm pursuant to the Social Host Liability Doctrine." 14. The above allegation of negligence "including but not limited to" is a boilerplate allegation that is impermissible and contrary to law. 15. Likewise, the allegation of negligence "including but not limited to" and the averment that Defendants breached a "general duty" are too broad to allow Defendants to formulate a proper response and prepare a defense to the allegations. 16. If the above allegations are permitted to remain, Defendants will be severely prejudiced inasmuch as the Plaintiff may rely on those paragraphs in an attempt to introduce new theories of liability now that the statute of limitations has run and Defendants may be otherwise severely prejudiced because of Plaintiff's clearly impermissible allegations as has been held in Conner v. Alleghenv General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and other applicable law. WHEREFORE, Defendants respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. In the alternative, Defendant requests that the phrase "including but not 7 limited to" in Paragraphs 45 as well as the allegations of Paragraph 45(d) be stricken from Plaintiff s Complaint. PRELIMINARY OBJECTION BY DEFENDANT DAVID PEFFLEY, JR IN THE FORM OF A MOTION TO STRIKE 17. The preceding paragraphs are incorporated herein. by reference. 18. In paragraph 22, Plaintiff alleges that Defendant, David A. Peffley, Jr. was negligent for reasons "including but not limited to" those enumerated by the Plaintiff. 19. Moreover, in Paragraph 22(f), Plaintiff alleges that Defendant, David A. Peffley, Jr., breached the "general duty not to place the Plaintiff at a foreseeable risk of harm pursuant to the Social Host Liability Doctrine." 20. The above allegation of negligence "including but not limited to" is a boilerplate allegation that is impermissible and contrary to law. 21. Likewise, the allegation of negligence "including but not limited to" and the averment that Defendant breached a "general duty" are too broad to allow Defendant to formulate a proper response and prepare a defense to the allegations. 22. If the above allegations are permitted to remain, Defendant will be severely prejudiced inasmuch as the Plaintiff may rely on those paragraphs in an attempt to introduce new theories of liability now that the statute of limitations has run and Defendants may be otherwise severely prejudiced because of Plaintiff's clearly impermissible allegations as has been held in Conner v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and other applicable law. 8 WHEREFORE, Defendant, David Peffley, Jr. requests that the phrase "including but not limited to" in Paragraphs 22 as well as the allegations of Paragraph 22(f) be stricken from Plaintiff's Complaint. PRELIMINARY OBJECTION BY ALL DEFENDANTS IN THE FORM OF A MOTION TO STRIKE 23. The preceding paragraphs are incorporated herein by reference. 24. In Paragraphs 10, 11, 38, 39 and 40, Plaintiff alleges that Defendant, David Peffley, Jr. had pending criminal charges for burglary and theft, had posted bail, had conditions on his bail, that his bail was posted by his parents, Defendants David A. Peffley and Stephanie Peffley, and that his parents knew of his conditions for bail. 25. None of the allegations regarding the alleged pending criminal charges against David Peffley, Jr. or the conditions of his bail are relevant or have any bearing on the alleged liability of the Defendants. 26. The above allegations refer to alleged unrelated conduct that in no way caused the injuries to the Plaintiff. 27. On the contrary, the allegations are impertinent, irrelevant, scandalous and otherwise impermissible under the rules of pleading. WHEREFORE, Defendants respectfully requests that Paragraphs 10, 11, 38, 39 and 40 be 9 stricken from Plaintiffls Complaint. Y ~,~S,HILDABRAND, L.L.P. Richard B. Druby squ re Supreme Court I. . N . 6 904 840 East Chocola enue Hershey, PA 17033 (717) 533-5406 12 ~ ~D~, Attorney for Defendants Date: ,3 10 CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 26th day of March, 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Joseph L. Hitchings, Esquire McShane & Hitchings, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 11 ~~ Av C" _ <' 7 - K'~ ~~ ~~ .. ~ t; 7i') x ! ~.~..~ . i~ . t{' 1y - MEGAN M. FRAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 07-4615 CIVIL TERM DAVID A. PEFFLEY, :CIVIL, ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL DEMANDED Defendants . To: David A. Peffley, Stephanie J. Peffley, and David Peffley, Jr. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be 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. THI5 OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. LAWYER REFERRAL SERVICE 4"' Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 MEGAN M. FRAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKET NO.: 07-4615 CNIL TERM DAVID A. PEFFLEY, CNIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL DEMANDED Defendants AMENDED COMPLAINT AND NOW, this ~ day of Apri12008, comes the Plaintiff, Megan M. Frawley, by and through her undersigned attorneys McShane & Hitchings, LLC, and Joseph L. Hitchings, Esquire, and avers in support of her Amended Complaint against Defendants as follows: 1. Plaintiff, Megan M. Frawley is an adult individual currently residing at 6974 New Oxford Road, Harrisburg, Dauphin County, Pennsylvania i 7112. 2. Defendants, David A. Peffley, and Stephanie J. Peffley, aze adult, married individuals currently residing at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant, David Peffley, Jr., is an adult individual with a last known address of 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Defendants, David A. Peffley and Stephanie J. Peffley are the natural parents of Defendant, David Peffley, Jr. 5. On August 4, 2005, Defendant, David Peffley, Jr., invited the Plaintiff, who was under the age of twenty one (21) at the time, to attend a pool parry at the residence where he was living and which was owned by his parents, Defendants, David A. Peffley and Stephanie J. Peffley, located at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 6. Defendant, David Peffley, Jr., provided alcohol beverages to his guests at the party on August 4, 2005, including alcohol beverages which he purchased and alcohol beverages purchased by his parents, Defendants David A. Peffley and Stephanie J. Peffley. 7. Upon arrival at the party, Defendant, David Peffley, Jr., handed the Plaintiff an alcohol beverage despite the fact that he knew she was under the legal drinking age of 21. 8. Defendant, David Peffley, Jr., continued to provide alcohol beverages to the Plaintiff while she was at the party until she became visibly and highly intoxicated. 9. Defendant, David Peffley, Jr., had been friends with the Plaintiff for several years, and was aware of her age and the fact that she was not legally able to consume alcohol beverages. l 0.On the date of the party, August 4, 2005, Defendant, David Peffley, Jr., had criminal charges pending against him for burglary and theft in the Cumberland County Court of Common Pleas docketed to No. CR-1240-2005. 11. As a result of the pending criminal charges, Defendant's bail was set at $10,000.00 dollars, which was posted on his behalf. A standard condition of Defendant's bail was that the Defendant was not to engage in any illegal or unlawful activity. 12. Prior to August 4, 2005, Defendant, David Peffley, Jr., had previously thrown parties at his parent's home, at which alcohol beverages were served to minors, including alcohol beverages purchased by his parents, Defendants David A. Peffley and Stephanie J. Peffley. 13. During the party on August 4, 2005, at the Defendant's residence, several guests climbed up on the roof of the residence and were attempting to jump into the pool. 14. The Plaintiff was likewise permitted to climb on the roof of the residence; however, due to her high level of intoxication, and resultant lack of coordination and balance, she fell off the roof, landing on a cement patio approximately 15 feet below. Count I Plaintiff v. Defendant. David A. Peffley. Jr. 15. Paragraphs 1 through 14 hereof are incorporated by reference as if the same were more fully set forth at length herein. 16. As an invited guest to the party thrown by the Defendant, David A. Peffley, Jr., Defendant, David Peffley, Jr., awed to the Plaintiff the duty of care to ensure that the property was safe and that the Plaintiffwould not be injured. 17. Defendant, David Peffley, Jr., knowingly served or furnished alcohol to the Plaintiff, who he knew to be a minor at the time. 18. By providing and furnishing alcohol to a minor, the Defendant breached his duty to the Plaintiff not to place her in a foreseeable risk of harm. 19. Defendant knowingly served and furnished alcohol to the Plaintiff causing her to be highly and visibly intoxicated, to the extent that her cognitive abilities were affected, and she could not make rational decisions for herself. 20. Defendant, David Peffley Jr., knew, or should have knawn, that by serving alcoholic beverages to the minor Plaintiff to the extent she became invisibly intoxicated, placed her at a foreseeable risk of harm for falling, or otherwise hurting herself. 21. Defendant, David Peffley, Jr., knew, or should have known that permitting a visibly and highly intoxicated minor to climb up upon the roof of his residence put the Plaintiff in a foreseeable risk of harm. 22. The Plaintiff's 15-foot fall from the roof of the Defendant's residence to the concrete patio below was a direct and proximate result of the careless and negligent conduct of Defendant, David Peffley, Jr., including: a. Furnishing alcoholic beverages to a minor; b. Furnishing alcoholic beverages to a minor in a quantity that caused her to become visibly and highly intoxicated; c. Permitting a visibly and highly intoxicated minor to climb up on the roof of his residence; d. Failing to warn the visibly and highly intoxicated minor Plaintiff that she could injure herself if she climbed up upon roof of Defendant's residence; e. Failing to prevent a visibly and highly intoxicated minor Plaintiff from climbing on the roof of the Defendant's residence; and f. Breaching the duty not to place the Plaintiff in a foreseeable risk of harm pursuant to the Social Host Liability Doctrine. 23. After the Plaintiff fell, she was taken by ambulance to the Holy Spirit Hospital emergency room in Camp Hill, Pennsylvania. 24. As a direct and proximate result of the careless and negligent conduct of Defendant, David Peffley, Jr., Plaintiff sustained the following injuries and or aggravations ofpre-existing conditions, some or all of which may be permanent: a. Seven (7) left rib fractures; b. Pulmonary Contusion; c. Left Distal Radius Fracture; d. Left Iliac Wing Fracture; e. Lacerated spleen; and f. Collapsed lung. 25. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered serious and permanent injury, which required medical treatment, including multiple surgeries, for which she has incurred medical bills and expenses and may require further medical treatment and expenses in the future. 26. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered an interruption of her daily habits and pursuits to her detriment and loss. 27. As a direct result of the fall and injuries sustained there from, following her stay in the hospital, Plaintiff had to complete almost a full year of physical therapy. 28. As a direct result of the fall and the injuries sustained there from, Plaintiff lost her job and suffered a loss of wages; and had a difficult time obtaining a new job as she was not permitted to drive as a result of her injuries and had to attend frequent doctor appointments. 29. Prior to her fall, Plaintiff was enrolled in college and planned on attending the Pennsylvania State Police Academy to receive her Act 120 training to be a police officer. 30. As a result of her injuries, Plaintiff was not able to attend the Pennsylvania State Police Academy, as she could not meet the physical requirements. 31. Following the fall, and her inability to attend the Pennsylvania State Police Academy, Plaintiff decided to enlist in the United States Navy, however, she was not able to pass the required physical evaluation, due to having the metal pins placed in her arm during her surgeries. 32. As a result of her injuries from the fall, including the broken ribs, Plaintiff has developed a large mass on her back which is extremely painful and which cannot be removed due to its location and the involvement with her nerves. 33. As a result of the fall and her injuries, the Plaintiffhas sustained permanent, disfiguring scaring, including an approximate six (6) inch scar on the inside of her arm. 34. All the injuries and damages as set forth herein suffered by Plaintiff, Megan Frawley, were caused by the carelessness and negligence of Defendant, David Peffley, Jr. WHEREFORE, Plaintiff, Megan Frawley demands judgment against the Defendant, David Peffley, Jr., in an amount in excess of twenty-five thousand ($25,000.00) dollazs, plus costs, interest, and delay damages, if applicable. Count II Plaintiff v Defendants. David A. Peffley and Stephanie J. Peffley 35. Paragraphs 1 through 34 hereof aze incorporated by reference as if the same were more fully set forth at length herein. 36. At all times material hereto, Defendants, David A. Peffley and Stephanie J. Peffley, were the record owners of the property located at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 37. It is believed and therefore averred that Defendants, David A. Peffley and Stephanie J. Peffley, knew that their son, Defendant, David Peffley, Jr., prior to the date in question, had parties at their residence at which alcoholic beverages were served to minors. 38. It is believed and therefore averred that the Defendants were aware that their son was out on bail pending criminal charges in Cumberland County Court, and either posted the monetary bail on his behalf or, made the arrangements for his bail to be posted. 39. Defendants knew, or should have known, that a condition of their son, Defendant, David Peffley, Jr's. bail was that he was not to engage in any illegal or unlawful activities. 40. It is believed and therefore averred that following his release on bail from the Cumberland County Prison, Defendant, David Peffley, J. was released into the custody of his pazents, Defendants David A. Peffley and Stephanie J. Peffley, who permitted their son to reside in their residence located at 110 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 41. It is believed and therefore averred that on August 4, 2005, Defendants, David A. Peffley and Stephanie J. Peffley, were away from home, and knew, or should have known that their son, Defendant, David Peffley, Jr., was having a party at their residence at which alcohol beverages, including those purchased by them, were going to be served. 42. It is believed and therefore averred that the Defendants, David A. Peffley and Stephanie J. Peffley, permitted or authorized their son, Defendant, David Peffley, Jr., to have the party at their residence on August 4.2005, or took no steps to prevent the Defendant from having the party at their residence. 43. Defendants, David A. Peffley and Stephanie J. Peffley purchased and supplied alcohol which was given to and consumed by minors, including the Plaintiff, at the party at their residence on August 4, 2005. 44. As the property owner of the property in question, Defendants aze liable to the Plaintiff as an invited guest for reasonably foreseeable harm. 45. Defendants, David A. Peffley and Stephanie J. Peffley, took no affirmative actions to insure that minor, invited guests, including the Plaintiff, would not be served alcoholic beverages or harm themselves on their property. 46. Plaintiff's fall and result and injuries were a direct and proximate result of a careless and negligent conduct of Defendant's, David A. Peffley and Stephanie J. Peffley, including: a. Permitting and/or failing to prevent the furnishing of alcoholic beverages to a minor at a party at their residence; b. Permitting and/or failing to prevent the furnishing of alcoholic beverages to a minor in a quantity that caused her to become visibly and highly intoxicated at a party at their residence; c. Failing to prevent a highly intoxicated minor Plaintiff from climbing on the roof of the their residence; d. Failing to insure that Defendant David Peffley Jr. did not permit intoxicated minors to climb on the roof of their residence. e. Breaching the duty not to place the Plaintiff at a foreseeable risk of harm pursuant to the Social Host Liability Doctrine. 47. As a direct and proximate result of the careless and negligent conduct of Defendant, David Peffley, Jr., Plaintiff sustained the following injuries and or aggravations and pre-existing conditions, some or all of which may be permanent: a. Seven (7) left rib fractures; b. Pulmonary Contusion; c. Left Distal Radius Fracture; d. Left Iliac Wing Fracture; e. Lacerated spleen; and f. Collapsed lung. 48. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered serious and permanent injury, which required medical treatment, including multiple surgeries, for which she has incurred medical bills and expenses and may require further medical treatment and expenses in the future. 49. As a direct result of the fall and the injuries sustained there from, Plaintiff has suffered an interruption of her daily habits and pursuits to her detriment and loss. 50. As a direct result of the fall and injuries sustained there from, a condition to her stay in the hospital, Plaintiff had to complete almost a full year of physical therapy. 51. As a direct result of the fall and the injuries sustained there from, Plaintiff lost her job and suffered a loss of wages; and had a difficult time obtaining a new job as she was not pernutted to drive as a result of her injuries and had to attend frequent doctor appointments. 52. Prior to her fall, Plaintiff was enrolled in college and planned on attending the Pennsylvania State Police Academy to receive her Act 120 training to be a police officer. 53. As a result of her injuries, Plaintiff is not able to attend the Pennsylvania State Police Academy. 54. Following the fall, and her inability to attend the Pennsylvania State Police Academy, Plaintiff decided to enlist in the United States Navy, however, she was not able to pass the required physical evaluation due to having the metal pins placed in her arm during her surgeries. 55. As a result of her injuries from the fall, including the broken ribs, Plaintiff has developed a large mass on her back which is extremely painful and which cannot be removed due to its location and the involvement with her nerves. 56. As a result of the fall and her injuries, the Plaintiff has sustained permanent scaring, including an approximate six (6) inch scar on the inside of her arm. 57. All the injuries and damages as set forth herein suffered by Plaintiff, Megan Frawley, were caused by the carelessness and negligence of Defendants, David A. Peffley and Stephanie J. Peffley. 58. Defendants, David A. Peffley and Stephanie J. Peffley aze liable individually or jointly and severally to the Plaintiff, Megan Frawley. WHEREFORE, Plaintiff, Megan Frawley demands judgment against the Defendant, David A. Peffley and Stephanie 3. Peffley, in an amount in excess of twenty- five thousand ($25,000.00) dollars, plus costs, interest, and delay damages, if applicable. Respectfully submitted, LAW OFFICES OF JOSEPH L. HITCHINGS Date: ~ !- / S- o s' __.,_...... seph . Hitc sqw Attorney LD.# 65551 P.O. Box 1249 Mechanicsburg, PA. 17055 Telephone: (717) 503-7321 Email: hitch67@comcast.net Attorney for Plaintiff VERIFICATION I, Megan M. Frawley, verify that the statements made in this Amended Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Megan .Frawley MEGAN M. FRAWLEY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 07-4615 CIVIL TERM DAVID A. PEFFLEY, CNIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Joseph L. Hatchings of the Law Offices of Joseph L. Hatchings hereby verify that on the date listed below a true and correct copy of the foregoing document was sent via First Class U.S. Mail, postage prepaid, to the following: Richard B. Druby, Esquire, Nestico, Druby, & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: ~' ~b ~- v Y LAW OFFICES OF JOSEPH L. HITCHINGS o eph L. Hitc ' gs Esquire Attorney LD.# 6 S P.O. Box 1249 Mechanicsburg, Pennsylvania 17055 Telephone: (717} 503-7321 Email: hitch67@comcast.net Attorney for Plaintiff t~~ ~.~ ti; ,V~ &.'f '-•; ~~ ....~ . ~.,;-x~ ._ ~l r ~ ''... ~ . f .',. ~,~ ~ -...._ y .; 1~._~ f ,..,,) ~ E ~~ "' 3 ?~7 t ,Y ' ~; MEGAN M. FRAWLEY, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. CIVIL ACTION -LAW DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants :JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff c/o Joseph L. Hitchings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default of judgment may be entered against you. Dated: S r G iQ NESTICO, DRU,~Y ~ HILDABRAND, LLP By: is and B. Druby, Esq ' e Attorney LD. No. 619 4 840 East Chocolate A e Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendants MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. : CIVIL ACTION -LAW DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, it is hereby Ordered that the Preliminary Objections of Defendants to Plaintiff's Amended Complaint are sustained and Plaintiff s Amended Complaint is dismissed, with prejudice. BY THE COURT: J. 2 MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 v. :CIVIL ACTION -LAW DAVID A. PEFFLEY, : STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, it is hereby Ordered that the Preliminary Objections of Defendants are hereby sustained and the following relief is GRANTED: 1. Paragraphs 10, 11, 38, 39 and 40 are stricken from Plaintiff's Amended Complaint, and; 2. The allegations of Paragraph 22(f) and 46 (e) are stricken from Plaintiff's Amended Complaint. BY THE COURT: J. 3 MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4615 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY_OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, come Defendants, by and through their counsel, Nestico, Druby & Hildabrand, L.L.P. and file these Preliminary Objections to Plaintiff's Amended Complaint as follows: 1. On or about November 7, 2007, Plaintiff filed a Complaint against the Defendants. 2. Plaintiff seeks to hold Defendants liable for alleged injuries she sustained on August 4, 2005 when she jumped from the roof of Defendants' home in an attempt to reach the swimming pool. 3. Defendants filed Preliminary Objections to Plaintiff s Complaint on March 25, 2008. 4. In response, Plaintiff filed an Amended Complaint on April 16, 2008. PRELIMINARY OBJECTION BY DEFENDANTS IN THE FORM OF A MOTION TO STRIKE 5. The preceding paragraphs are incorporated herein by reference. 4 6. In Paragraph 22(d) and Paragraph 46(e), Plaintiff alleges that Defendants breached the "duty not to place the Plaintiff at a foreseeable risk of harm pursuant to the Social Host Liability Doctrine." 7. The averments that Defendants breached the "duty not to place the Plaintiff at a foreseeable risk of harm pursuant to the Social Host Liability Doctrine" are too broad to allow Defendants to formulate a proper response and prepare a defense to the allegations. 8. If the above allegations are permitted to remain, Defendants will be severely prejudiced inasmuch as the Plaintiff may rely on those paragraphs in an attempt to introduce new theories of liability now that the statute of limitations has run and Defendants may be otherwise severely prejudiced because of Plaintiff's clearly impermissible allegations as has been held in Conner v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and other applicable law. WHEREFORE, Defendants respectfully requests that Plaintiff s Amended Complaint be dismissed with prejudice. In the alternative, Defendants requests that the allegations of Paragraph 22(d) and 46(e) be stricken from Plaintiff s Amended Complaint. DEFENDANTS PRELIMINARY OBJECTION IN THE FORM OF A MOTION TO STRIKE 9. The preceding paragraphs are incorporated herein by reference. 10. In Paragraphs 10, 11, 38, 39 and 40, Plaintiff alleges that Defendant, David Peffley, Jr. had pending criminal charges for burglary and theft, had posted bail, had conditions on his bail, that his bail was posted by his parents, Defendants 5 David A. Peffley and Stephanie Peffley, that his parents knew of his conditions for bail and permitted him to stay at their residence. 11. None of the allegations regarding the alleged pending criminal charges against David Peffley, Jr. or the conditions of his bail are relevant or have any bearing on the alleged liability of the Defendants. 12. The above allegations refer to alleged unrelated conduct that in no way caused the injuries to the Plaintiff. 13. On the contrary, the allegations are impertinent, irrelevant, scandalous and otherwise impermissible under the rules of pleading. WHEREFORE, Defendants respectfully requests that Paragraphs 10, 11, 38, 39 and 40 be stricken from Plaintiff s Amended Complaint. NESTJ~j , j~SRJd~Y &!IEIILD~RAND, L.L.P. ~ichard B. Druby squ' e/ Supreme Court I. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 y ~ ~D d Attorney for Defendants Date: U 6 CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 6`h day of May, 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Joseph L. Hitchings, Esquire McShane &Hitchings, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 17 / B. Druby 7 m ` ~" # -~-;} .e ~..>. ~` ~ ~ ~ ;-' -,r~ ~ ~~;µ. , ~ _ MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-4615 CNIL TERM CNIL ACTION -LAW JURY TRIAL DEMANDED ANSWER TO DEFENDANTS' PRELIlVIINARY OBJECTIONS TO PL•A_Il1iTIFF"S AMENDED COMPLAINT AND NOW, this;'~'~Ctay of May, 2008, comes the Plaintiff, Megan M. Frawley, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, and avers in answer to Defendants' Preliminary Objections as follows: 1. Admitted. 2. Admitted in part, denied in part. While it is admitted that the Plaintiff seeks to hold the Defendants liable for injuries she sustained at their home on August 4, 2005, it is denied that the Plaintiff was injured when she attempted to jump from the roof into the pool. It is believed and therefore averred that the Plaintiff was injured when she fell from the roof of Defendants' home. 3. Admitted. 4. Admitted. PRELIMINARY OBJECTION BY DEFENDANTS IN THE FORM OF A MOTION TO STRIKE 5. Paragraphs one through four (1 - 4) hereof are incorporated by reference as if the same were more fully set forth at length herein. 6. Admitted. 7. The averments of Pazagraph seven (7) constitute conclusions of law to which no responsive pleading is required. To the extent that the averments may be deemed factual in nature, it is denied the allegations in Paragraphs 22(d) and 46(e) of Plaintiff s Complaint are to broad to allow Defendants to prepare a proper response or prepare a defense. 8. Denied. By way of further response, see Answer to Paragraph 7 above. The allegations aze not so broad that the Defendants need to worry that Plaintiff will introduce new theories of liability. WHEREFORE, Plaintiff, Megan Frawley respectfully requests that this Honorable Court deny Defendants' Preliminary Objection in the form of a Motion to Strike. DEFENDANTS PRELIMINARY OBJECTION IN THE FORM OF A MOTION TO STRIKE 9. Paragraphs one through eight (1 - 8) hereof are incorporated by reference as if the same were more fully set forth at length herein. 10. Admitted. 11. Denied. The allegations objected to by the Defendants reflect on the liability of the Defendants, as they all knew Defendant David Peffley, Jr., as a condition of his bail, was not to engage in illegal activities. Providing alcohol to a minor is an illegal activity and directly contributed to Plaintiff's injuries. Furthermore, it is believed that as a condition of his bail, the Defendant was released to the custody of his parents who permitted him to engage in illegal activities which directly lead to Plaintiff s injuries. Since this case involves allegations of negligence, reasonableness of the Defendants conduct must be examined, and to make that examination the fact finder will need to look at the under lying facts, including that Defendant had criminal charges pending against him and was out on bail. 12. Denied. See Answer to Paragraph 11 above. 13. Denied. See Answer to paragraph 11 above. By way of further answer, the allegations are not impertinent, irrelevant, scandalous or otherwise impermissible under the Rules of Pleading,. But rather support the allegations of negligence against the Defendants. WHEREFORE, Plaintiff, Megan Frawley respectfully requests that this Honorable Court deny Defendants' Preliminary Objection in the form of a Motion to Strike. Respectfully submitted, Date: s --~~ ~ . v~ Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Rossmoyne Business Center Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff W OFFICE OF JOSEPH L. HITCHINGS ~... seph L. 'tchings, Esq MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 07-4615 CML TERM DAVID A. PEFFLEY, :CIVIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Mail postage re-paid Richard B. Druby, Esquire, Nestico, Druby, & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 W OFFICE F JOSEPH L. HITCHINGS seph L. Hitchi , E uire Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Rossmoyne Business Center Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff t ~ ~ -~ _., ~~ C:J -n " t i "-} ~44 ' ~~ •, ~i ~'~ ~ ~u - _ ~ C ~ , ._ ~~ ~~ ,..~ ~-- ~ ~^. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Megan M. Frawley vs. David A. Peffley, Stephanie. J. Peffley, and David Peffley, Jr. No 07-4615 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Ob'ections 2. Identify all counsel who will argue cases; (a) for plaintiffs: Joseph L. Hitchin s, Esquire (Name and Address) 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 (b) for defendants: Richard B. Druby, Esquire (Name and Address) 840 E. Chocolate Ave, Hershey, PA 17033 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 7_ ~ S ~ d ~ Attorney for Defendants Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Richard B. Druby Print your name ~? ~ "' r~7 ~..t `!, ~,o :~~'. "1, ~,, MEGAN M. FRAWLEY, Plaintiff vs. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4615 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this ~ ~ day of November, 2008, the court being in agreement that the allegations of paragraphs 22(f) and 46(e) allow for the interjection of new theories of liability to the prejudice of the defendants, paragraphs 22(f) and 46(e) are stricken from the plaintiff s amended complaint. While we express no opinion as to whether the allegations of paragraphs 10, 11, 38, 39 and 40 will be admissible at the trial of this case, the preliminary objection of the defendants in the nature of a motion to strike these paragraphs is DENIED. BY THE COURT, in .Hess, J. Joseph J. Hitchings, Esquire For the Plaintiff " Richard B. Druby, Esquire For the Defendants ~o~~ ~s m~ t !(/'/O,B ""L/1'~ as !,'.'- h d f ~ Ci ~r! ~S ~~~ 1 jj C4s!J titr`e' "~ t d+ ~i'':. i " v f.i .~, rr -. o ~ '' k `! i i C ~~~ `• _~. ~ - t i ~ _.,,,~ ~, « NESTICO, DRUBY & HILDABRAND, LLP Richard B. Druby, Esquire PA Supreme Court I.D. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdrub~(a,hersheypalaw.com MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 07-4615 JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL DISCOVERY AND NOW, come the Defendants David A. Peftley, Stephanie Peffley and David Pefrley, Jr., by their attorneys, Nestico, Druby & Hildabrand, L.L.P. and moves this Honorable Court pursuant to Pa.R.C.P. 4019 to enter an Order compelling the Plaintiff to answer, without objection, Interrogatories and respond to Request for Production of Documents for the reasons stated below: 1. On or about November 7, 2007, Plaintiff filed a Complaint against the Defendants seeking to hold Defendants liable for alleged injuries she sustained on August 4, 2005 when she jumped from the roof of Defendants' home in an attempt to reach the swimming pool. 2. After the Court rendered a decision on Defendants' Preliminary Objections, Defendants filed an Answer with New Matter to Plaintiff's Amended Complaint and have demanded proof of Plaintiff s claims and alleged damages. 2 3. On Mazch 26, 2008, one yeaz ago, Defendants served upon Plaintiff Interrogatories and Requests for Production. The Interrogatories aze limited in number, inquiring into recognized areas of discovery, and the Requests for Production likewise call for the production of documents or other items which may lead to the discovery of admissible evidence. Copies of the Interrogatories and Requests are attached as Exhibits A and B hereto. 4. On late February 2009, undersigned counsel phoned Plaintiff's counsel indicating that the discovery responses were overdue and allowing several additional days for Plaintiff to provide responses so that a Motion to Compel would be unnecessary. 5. To date, Plaintiff has neither answered the interrogatories, produced the documents or other items, nor filed any objections within the time allowed by law. 6. Defendants cannot properly prepaze the defense of this action without the information requested of Plaintiff. 7. Because of Plaintiff's failure to provide the information, documents and other things requested, it is appropriate for an Order to be issued requiring Plaintiff to comply fully with the discovery requests or to suffer sanctions, including dismissal, for failure to comply, all pursuant to Pa.R.C.P. 4019 and other applicable law. WHEREFORE, Defendants requests that this Honorable Court enter an Order requiring Plaintiffto provide full and complete answers, without objections, to Defendants' Interrogatories and to produce fully the documents requested in Defendants' Requests for Production within ten (10) days, with sanctions to be placed upon Plaintiff, 3 upon further application of the Defendants, if Plaintiff fails to comply with such Order. Respectfully submitted, NESTICO, DRUBY~lIIILI,~ABRAND, L.L.P. By: Date: 3 ~ 2 7' 0 ~ichazd B. Druby, Esquire Attorney I.D. No. 61904 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717)533-5406 Attorney for Defendants 4 'M'i'd %OE ®~W' l~~ S3/tf3SOQQ08 }~'~~ ='} NESTICO, DRUBY 8c HILDABRAND, LLP Richard B. Druby, Esquire PA Supreme Court I.D. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdrub~(a,hershemalaw.corn MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 07-461 S JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT ADDRESSED TO PLAINTIFF -SET I T0: ~ Megan M. Frawley c/o Joseph L. Hichings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 DEFINITIONS A. The term "person," as used herein, means any natural person, partnership, corporation, or other business entity and all present and former officers, directors, agents, employees, attorneys, and other acting or purporting to act on behalf of such natural person, partnership, corporation, or other business entity. 8. All motion pictures and photographs (whether developed or undeveloped), tape recordings, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, discs, data cells, drums, print-outs, and other data compilations from which information can be obtained; and Drafts of any documents, revisions of any draft documents, and original or preliminary notes. C. The term "conununication," as used herein, means all statements, admissions, denials, inquiries, discussions, conversations, negotiations, agreements, contracts, understandings, meetings, telephone conversations, letter, correspondence, notes, telegrams, telexes, advertisements, or any other form of written or verbal intercourse. D. The term "identify," when used with respect to a document, means to state the date, author, addressee, type of document, (e.g., "letter"); to identify its last known custodian and location; and to state the exhibit number of the document if it has been marked during the course of a court proceeding. E. The term "identify." When used with respect to an individual, means to give the person's full name, all known aliases, present or last known business and home addresses and telephone numbers, and present position or business affiliation. F. The term "identify," when used with respect to any other "person," means to give the person's official, legal, and formal name or the name under which the person acts or conducts business, the address and telephone number of the person's place of business, professional, commerce, or home, and the identity of the person's principal or 3 chief executive officer or person who occupies the position most closely analogous to a chief executive. G. The term "relate(s) to," as used herein, means constitute(s), refer(s) to, reflect(s), concern(s), pertain(s) to, or in any way logically or factually connect(s) with the matter described in the interrogatory. H. The term "incident," as used herein, means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. 4 INTERROGATORIES 1. State your age, giving date and place of birth, and state your Social Security number, and full name. ANSWER: 2. During the five-year period preceding the incident, were you treated for any illness, ailment or condition? If so, give the names and addresses of hospitals, if any, in which you were confide or treated, the names and addresses of attending physicians, the conditions for which you were treated, and the date of the same, the length of time such condition existed and whether these conditions existed at the time of the accident. ANSWER: 6 3. Have you at any time during your lifetime been admitted as a patient in a hospital for any illness, accident, ailment or condition of any nature? ANSWER: 4. If so, for each such hospitalization, state: (a) The name and address of the hospital; (b) The inclusive dates of hospitalization; (c) A description of the condition, illness, accident or ailment for which you were hospitalized; (d) A description of the treatment received at the hospital. ANSWER: 8 5. Did you have any surgical operations performed upon yourself during your lifetime prior to the incident? If so, state specifically where and when the same took place, the nature thereof, the names and addresses of the physicians performing the same, whether said conditions were wholly cured, or whether listing or permanent conditions remained at the time of the incident, and the nature of any such lasting or permanent condition. ANSWER: 9 6. If you have been hospitalized as a result of your injuries received in the incident referred to in your Complaint, for each period of hospitalization, state: (a) The name and address of the hospital; (b) The inclusive dates of hospitalization (c) A description of the injuries for which you were hospitalized; (d) A description of the treatment received at the hospital; (e) An itemization of each charge for such hospitalization (f) The amount paid and by whom; (g) Whether future hospitalizations will be necessary, and if so, the estimate cost. ANSWER: 10 7• For each doctor or any other medical personnel who examined or treated you for injuries received in the incident to in your Complaint, state: (a) His name, address and specialty; (b) Each date of examination and treatment; (c) The type of examination and treatment; (d) An itemization of each charge for such examination and treatment; (e) The amount paid and by whom; (~ Whether future treatments and examination will be necessary, and if so, the estimated cost. ANSWER: 11 8. Were you ever involved in an accident previous or subsequent to the incident complained of in this action? If so, state where and when the accident took place; the nature and extend of your injuries and conditions resulting from such accident; whether or not the nature of these injuries or conditions were temporary or permanent; the names and addresses of the doctors who attended you and the hospitals where you were confined or treated, with the date of treatment and confinement. ANSWER: 12 9. If you have ever filed an action against any person for damages for person injuries, other than in this action, for each such action, state: (a) The date, place, name of court and number and term of the action; (b) -The name of the person you sued; (c) The name, address and telephone number of the attorney representing the person you sued; (d) The name, address and telephone number of the attorney representing you in the action; (e) A description of the accident in which you suffered injuries, including time, date and place; (fl A description of the injuries for which you claimed damages; (g) The disposition or termination of the action; (h) Whether you received any amount by judgment or settlement, and if so, the amount received and from whom. ANSWER: 13 10. What was your occupation or business during the five-year period preceding this incident, the nature of your duties, the length of time engaged in each, and the names and addresses of each employer or business and the address where you actually worked in each instance. ANSWER: 14 11. What were your gross and net earnings for the five-year period preceding this incident on a weekly or monthly basis? ANSWER: IS 12. Do you have in your possession copies of the federal income tax returns filing on your behalf for each of the five years preceding this incident? Is so, attach a copy of each return to your answers. ANSWER: 16 '} 13. Give in detail any and all expenses and losses which you claim resulted from the incident which forms the basis of this suit, stating the nature of the same, the bills incurred and the addresses of the parties to whom any monies may be owing or were paid. ANSWER: 17 14. Have you or has any one action in your behalf obtained from any person or persons any report, statement, memorandum or testimony concerning the incident involved in this cause of action? If so: (a) What is the name and last known address and present whereabouts, if known, of each such person? (b) When, where and by whom was each such report, statement, memorandum or testimony obtained or made? (c) Where is each located? ANSWER: 18 15. If you are in possession of any photographs of the locale or surrounding area of the site of the incident, or any other matters or things involved in this incident, state: (a) The date(s) when such photographs were taken; (b) The names and addresses of the party taking them; (c) The object(s) or subject(s) or the particular site or view each photograph represents; (d) Where they were taken; and (e) The present whereabouts of the photographs and the name and addresses of whomsoever is in possession or custody thereof. ANSWER: 19 16. State whether any plans, drawings, sketches or diagrams exist or were made of the site of the alleged incident,. and if so, state: (a) The identity of each of said plan, drawing, sketch and diagram; (b) The date when each of the same was made; (c) The name and address of the person making the same; (d) The name and address of the person having custody of the same. ANSWER: 20 17. Are you presently employed or have you been employed since the incident referred to in your Complaint? If so, state the name and address of your employer or employers, the length of time you have worked for each employer or employers, including the dates covering such employment; your wages or salary in connection with such employment, and set forth in detail how your present physical condition adversely affects your ability to cant' on such employment, if in fact it does. ANSWER: 21 18. State specifically each and every area of your body that was physically injured in the incident referred to in your Complaint, including a complete description of each such injury. (a) Set forth specifically which of the above injuries or conditions aze permanent, if any; (b) Set forth the scope, the extent of medical treatment you have received in connection with each such injury or condition from the time of the incident to the present date, and specify which injuries are still being treated and in what manner. ANSWER: . 22 20. What is the name and last known address and present whereabouts, if known, of each person whom you or anyone acting in your behalf knows or believes to have witnessed said incident? ANSWER: 24 21. State the name, present address, and place of employment of each person whom you intend or expect to call as a witness at the trial of this case. ANSWER: 25 22. Identify each person whom you expect to call as an expert witness at the trial of this case. As to each witness state: (a) The subject matter on which he is expected to testify. (b) The facts and opinions to which he is expected to testify. (c) A summary of the grounds for each opinion. (d) Whether the facts and opinions listed in (b) above aze contained in a written report, memorandum, or other transcript and if they are, give the name and address of the present custodian of same and state whether you will produce the same without the necessity of a motion. (e) If the opinion of any expert listed above is based in whole or in part on any scientific rule or principle; set forth the said rule or principle. (f) If the opinion of any expert listed above is based in whole or in part on any code, regulation or standard, governmental or otherwise, identify the said code, regulation or standazd and specifically set forth the section relied upon. (g) If the opinion of any expert listed above is based in whole or in part upon any scientific or engineering textbook or other publication, identify said text or publication. ANSWER: 26 23. With respect to each person you expect to call as an expert witness at the trial of this case, state: (a) His age, residence and business address. (b) The name and address of his present employer or ifself-employed, the name of the business and his occupation. (c) His educational background specifying colleges attended dates of attendance, degrees attained, and a detailed list of all writings prepared by the expert or in which the expert participated in any way whatsoever. (d) Specific identification of all courses attended, seminar attended, and other activities on the part of the expert within the past ten years which were concerned with the subject for which the expert was retained in this case. (e) The name and address for the persons or firms for whom the individual worked for the last ten years and a detailed description of all duties at each place of employment. If the expert was self-employed, state specifically and in detail the description of his duties and responsibilities. ANSWER: 27 25. Please state, in detail and without reference to your Complaint, how this incident happened. ANSWER: 29 26. Identify any conviction(s) you may have for any crime involving dishonesty and/or false statement and/or crimen falsi and include the identity of the Court in which the conviction occurred as well as the date of the conviction. ANSWER: 30 27. Identify all oral statements and/or conversations regarding the cause of the incident and/or your damages you made to Defendants or any third party following the incident. ANSWER: 31 28. State in detail your whereabouts in the 24 hour period prior to the incident and list the names, addresses and phone numbers of any and all individuals who can substantiate your whereabouts in that timeframe. ANSWER: 32 29. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the twenty four hours immediately preceding the incident, state: (a) The nature, amount, and type of items consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any; (e) The name and location of any bar or other public or private location where you consumed or purchased alcohol within 24 hours of the incident; (i) Specify the amount of alcohol and the time you consumed it on the date of the incident and when it was consumed so that a toxicology report can be prepared; (g) State your height and weight on the date of the incident; (h) State specifically what you ate on the date of the incident; (i) State the identity and quantity of each and every legal or illegal drug consumed within 24 hours of the incident. ANSWER: NESTICO, By: Date: ,~' Z~'D~ ,leichard B. Drub , Esq re Attorney LD. N .619 J 840 East Chocol Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Defendants 33 LLP CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hilclabrand, L.L.P., hereby certify that on the 26`~ day of March, 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Joseph L. Hitchings, Esquire 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 / M ~~d gbas ~®03i~3~ s~~r3s oaroe ~~s ~-'~~, ~' r NESTICO, DRUBY & HILDABRAND, LLP Richard B. Druby, Esquire PA Supreme Court I.D. 61904 840 East Chocolate Avenue Hemhey, PA 17033 (717) 533-5406 rdrnby~a hersheypalaw.com MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENl~1SYLVANIA CIVIL ACTION- LAW NO. 07-4615 JURY TRIAL DEMANDED DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Pursuant to Pa. Rule of Civil Procedure 4009, you are hereby requested to produce for inspection and copying at the offices of Defendants' counsel, Nestico, Druby & Hildabrand, LLP, 840 East Chocolate Avenue, Hershey, Pennsylvania, 17033, or at such other location as may be mutually agreed upon by counsel not later than thirty (30) days after service of these Requests, the following documents. In lieu of the formal schedule production, copies of all requested documents, properly identified by request, may be forwarded to Defendants' counsel the above address within thirty (30) days after service of these Requests. These Requests are deemed to be continuing Requests, and any documentation or information requested herein which is discovered, obtained or available subsequent to your first response hereto shall be furnished inunediately to Defendant's counsel. DOCUMEN'T'S TO BE PRODUCED l . All statements, signed statements, transcripts of recorded statements, or interviews of any person or witness relating to, referring to, or describing any of the events or claims described in the Complaint filed in this case. 2. All documents prepared by any insurer or representative of Plaintiffs, except Plaintiffs' attorneys, during an investigation of the accident or any of the events or claims described in the Complaint. Such documents shall include any documents made or prepared up to the present time, with the exclusion of mental impressions, conclusions or the opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 3. All photographs of the scene of the incident or any of the instrumentalities involved in the accident. 4. All federal, state, and local income tax returns filed by Plaintiff during the five years preceding the incident in question. 5. All reports of any experts. 6. All medical reports, medical and hospital bills, wage loss information and other expenses you are claiming resulting from the incident in question. 7. All reports of any physicians, mental health professionals or vocational specialists pertaining to Plaintiff. 8. All declaration sheets of the Plaintii~s insurance in effect at the tune of r the incident, indicating coverages. Date: 3- Z~ e~ Respectfully submitted, NESTICO, By: 'chard B. Druby sq Attorney I.D. No . 61 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Defendants LLP r CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law film of Nestico, Druby & Hildebrand, L.L.P., hereby certify that on the 25"' day of March, 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Joseph L. Hitchings, Esquire 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 B. Druby, i i CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereb certi that on the 7 ~ Y fY o~ day of March, 2009, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Mr. Joseph L. Hitchings, Esquire 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 5 c~ r`' ~~ ..~ ~,;~ ,~ "~~ ~, r':~ ,~ ~~ _t .~. ~ ._ -; NESTICO, DRUBY & HILDABRAND, LLP Richazd B. Druby, Esquire PA Supreme Court I.D. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdrub~(a~hershevpalaw.com MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION- LAW DAVID A. PEFFLEY, NO. 07-4615 STEPHANIE J. PEFFLEY, and :JURY TRIAL DEMANDED DAVID PEFFLEY, JR. . Defendants. NOTICE TO PLEAD TO: Megan M. Frawley C/o Joseph L. Hitchings, Esquire 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 You are hereby notified to plead to the enclosed Defendants' Answer with New Matter to Plaintiff s Amended Complaint within twenty (20) days from service hereof or a default of judgment may be entered against you. NESTICO, DR By: Dated: J~ 2~- Q ABRAND, LLP Richard B. by, squi~ Attorney I.D No 61904 840 East Choco ate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for NESTICO, DRUBY & HILDABRAND, LLP Richard B. Druby, Esquire PA Supreme Court I.D. 61904 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 rdruby~a,hershevnalaw.com MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION- LAW DAVID A. PEFFLEY, NO. 07-4615 STEPHANIE J. PEFFLEY, and :JURY TRIAL DEMANDED DAVID PEFFLEY, JR. Defendants. DEFENDANTS' ANSWER WITH .NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT 1. Admitted that Megan Frawley is an adult individual. As for the remaining allegations, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and they are therefore denied. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that David Pef~ley, Jr. is an adult individual. However, his address is denied. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that the property at 110 Maple Avenue is owned by Defendants, David A. PeBley and Stephanie J. PeBley. On the specific day of August 4, 2005, Defendant David Pei~ley Jr. was not staying in the property and had no access to the interior of the property. It is admitted that Defendant, David Pei~ley Jr. invited Plaintiff to the residence at 110 Maple Avenue, Camp Hill, Pa. during the afternoon hours of August 3, 2005. While Defendant David Peffley Jr. learned after August 4, 2005 that Plaintiff was under the age of twenty-one (21) on August 3 and August 4, 2005, he believed that she was twenty-one (21) years old or older on August 3 and August 4, 2005. Defendants, David A. Peffley and Stephanie Peffley were not at home on August 3, 2005 and the early morning of August 4, 2005 and were not awaze that anyone was outside the residence on that day and have no first-hand knowledge of the events that day. 6. Denied as stated. It is admitted that alcohol was on the premises on August 3, 2005, including alcohol purchased by Defendant David Peffley, Jr. as well as others. To the extent that the term "provided" is vague, the allegation is denied. It is further denied that David Pei~ley and Stephanie Peffley purchased any alcohol for anyone on the premises on either day in question. In further answer, Defendants, David A. Peffley and Stephanie Peffley were not at home on August 3, 2005 and the eazly morning of August 4, 2005 and were not awaze that anyone was outside the residence on that day and have no first-hand knowledge of the events that day. 7. Denied. The allegations of pazagraph 7 are specifically denied. Defendant David Peffley, Jr. has no recollection of handing an alcoholic beverage to Plaintiff and strict proof is demanded. In further answer, it is specifically denied that Defendant David Peffley, Jr. knew that Plaintiff was under the age of 21. On the contrary, Defendant David Peffley, Jr. believed that Plaintiff was age 21 or over on the day in question. The remaining allegations are denied. In further answer, Defendants, David A. Peffley and Stephanie Peffley were not at home on August 3, 2005 and the eazly morning of August 2 4, 2005 and were not awaze that anyone was outside the residence on that day and have no first-hand knowledge of the events that day. 8. Conclusion of law to which no response is required. To the extent a response is required, the allegations of pazagraph 8 aze specifically denied. In further answer, Defendant David Peffley, Jr. incorporates the response to Pazagraph 7, above. In still further answer, Defendants, David A. Peffley and Stephanie Peffley were not at home on August 3, 2005 and the early morning of August 4, 2005 and were not aware that anyone was outside the residence on that day and have no first-hand knowledge of the events that day. 9. Denied as stated. It is admitted that Defendant David Peffley, Jr. and Plaintiff were friends for several years. However, it is specifically denied that Defendant David Pei~ley, Jr. knew that Plaintiff was under 21 years of age and was not legally able to consume alcoholic beverages. On the contrary, Defendant David Peffley, Jr. believed that Plaintiff was twenty-one (21) yeazs old or older on August 3 and August 4, 2005. The remaining allegations are denied. 10. Denied. The allegations of Paragraph 10 aze specifically denied. 11. Conclusion of law to which no response is required. To the extent a response is required, the allegations are denied as stated. At the time in question, Defendant, David Peffley was not charged with, nor on bail for chazges of, burglary and theft and therefore the allegations are denied. The remaining allegations aze denied as irrelevant, impertinent and scandalous. 12. Denied. The allegations of Paragraph 12 aze specifically denied. 3 13. Denied as stated. In the eazly morning hours of August 4, 2005, several individuals at the home in question, including the Plaintiff, climbed onto the roof voluntarily and proceeded to jump of their own free will, knowing the risks involved and accepting those risks voluntarily. The remaining allegations aze denied. However, in fizrther answer, Defendants, David A. Peffley and Stephanie Peffley were not at home on August 3, 2005 and the eazly morning of August 4, 2005 and were not aware that anyone was outside the residence on that day and have no first-hand knowledge of the events that day. 14. Conclusion of law to which no response is required. To the extent a response is required, the allegations aze denied as stated. It is admitted only by Defendant David Peffley, Jr. that Plaintiff climbed on the roof of the residence voluntarily and was aware of the risks involved. It is denied that Plaintiff "fell" from the roof. On the contrary, Plaintiff jumped from the roof. It is further denied that the distance from the roof to the ground is 15 feet. The remaining allegations are likewise denied. In further answer, Defendants, David A. Peffley and Stephanie Peffley were not at home on August 3, 2005 and the eazly morning of August 4, 2005 and were not awaze that anyone was outside the residence on that day and have no first-hand knowledge of the events that day. Count I Plaintiff v. Defendant. David A. Peffley. Jr 15. Paragraphs 1 -14 above are incorporated herein by reference. 16. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 16 are specifically denied. 4 17. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 17 aze specifically denied. 18. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 18 are specifically denied. 19. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 19 aze specifically denied. 20. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 20 are specifically denied. 21. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Pazagraph 21 aze specifically denied. 22. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 22, including subpazagraphs (a) - (e), aze specifically denied. Subpazagraph (f) was stricken by the Court. 23. Denied as stated. Plaintiff did not fall from the roof. The remaining allegations aze admitted upon information and belief. 24. Conclusion of law, to which no response is required. If a response is required, the allegations of Pazagraph 24 aze denied. 25. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 25 aze denied. 26. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 26 aze denied. 27. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 27 aze denied. 5 28. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 28 aze denied. 29. Conclusion of law, to which no response is required. If a response is required, the allegations of Pazagraph 29 aze denied. 30. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 30 are denied as Defendant, David Peffley, Jr. is without knowledge and information sufficient to form a belief as to the truth of the averments. 31. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 31 aze denied. 32. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 32 are denied. 33. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 33 aze denied. 34. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 34 are specifically denied. WHEREFORE, Defendants demand that Plaintiff s Amended Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiff, plus costs of this action. Co- Plaintiff v. Defendants. David A. Pef~lev and Stephanie J Pe~'lev 35. Paragraphs 1 - 34 above are incorporated herein by reference. 36. Admitted. 37. Denied. The allegations of pazagraph 37 are specifically denied. 6 38. Admitted that Defendants, David Peffley and Stephanie Peffley knew that Defendant David Peffley, Jr. was on bail for chazges filed in Cumberland County. The remaining allegations are denied as the funds used for posting bail belongied to David Peffley, Jr. The allegations aze further denied as-irrelevant, impertinent and scandalous. 39. Conclusion of law to which no response is required. In furkher answer, any individual, whether or not on bail, is not to engage in "any illegal or unlawful activity." 40. Denied. The allegations of paragraph 40 aze specifically denied as stated. Defendant, David Peffley, Jr. following his release on bail, was staying at his pazents' residence. Defendants incorporate their answer to Pazagraph 5 as if fully set forth herein. 41. Conclusion of law to which no response is required. To the extent that a response is required, the allegations of Pazagraph 41 aze admitted in part and denied in part. It is admitted that on August 3, 2005 and the eazly morning of August 4, 2005, Defendants, David A. Peffley and Stephanie J. Peffley, were away from home. The remaining allegations aze denied. It is further denied that Defendants David A. Peffley and Stephanie Peffley purchased alcohol for consumption by anyone on August 3, 2005 or August 4, 2005. 42. Conclusion of law to which no response is required. To the extent a response is required, the allegations of Paragraph 42 aze denied. In further answer, the response to Paragraph 41 is incorporated herein by reference. 43. Conclusion of law to which no response is required. To the extent a response is required, the allegations of Paragraph 43 are denied. In further answer, the response to Paragraph 41 is incorporated herein by reference. 7 44. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 44 aze specifically denied. 45. Conclusion of law to which no response is required. To the extent a response is required, the allegations of paragraph 45 are specifically denied. 46. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 46, including subpazagraphs (a) - (d), aze specifically denied. Subparagraph (e) was stricken by the Court. 47. Conclusion of law, to which no response is required. If a response is required, the allegations of Pazagraph 47 are denied. 48. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 48 are denied. 49. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 48 aze denied. 50. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 50 aze denied. 51. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 51 are denied. 52. Conclusion of law, to which no response is required. If a response is required, the allegations of Pazagraph 52 are denied. 53. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 53 are denied as Defendants aze without knowledge and information sufficient to form a belief as to the truth of the averments. 8 54. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 54 aze denied. 55. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 55 aze denied. 56. Conclusion of law, to which no response is required. If a response is required, the allegations of Paragraph 56 aze denied. 57. Conclusion of law, to which no response is required. To the extent a response is required, the allegations of Paragraph 57 are specifically denied. 58. Conclusion of law, to which no response is required.. To the extent a response is required, the allegations of Paragraph 58 aze specifically denied. WHEREFORE, Defendants demand that Plaintiff's Amended Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiff, plus costs of this action. NEW MATTER 59. Paragraphs 1- 58 above aze incorporated herein by reference. 60. Plaintiff fails to state a claim upon which relief can be granted. 61. Plaintiff's claims aze barred by her own compazative and/or contributory negligence. 62. Plaintiff s claims are barred by the Doctrine of Consent. 63. Plaintiff s claims aze barred by illegality. 64. Plaintiff s claims may be barred by any applicable statute of limitations. 65. Plaintiff may have failed to mitigate her damages. 9 66. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses not required to be pleaded are hereby reserved. 67. Plaintiff ingested cocaine prior to the incident on August 4, 2005 and that cocaine was in her system at the time of the incident. 68. The cocaine was not provided by any of the Defendants. 69. Further, Plaintiff had a history and/or habit of engaging in impulsive, reckless, and dangerous activities, including, but not limited to, jumping off a bridge into the water, jumping off rocks into the ocean, and jumping off the roof of her former house into her own pool. 70. Plaintiff knowingly and voluntarily decided to climb onto the roof of the Defendants' residence and attempt to jump from the roof into the pool. 71. Plaintiff's injuries and damages were caused by her own negligence, carelessness and recklessness. 72. If Plaintiff sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by conditions for which Defendants are not responsible and/or the damages were not causally related to this incident. 73. If the Plaintiff sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by persons or parties over whom Defendants had no responsibility, authority or control. 74. Plaintiff assumed the risk of her actions including, but not limited to, ingesting illegal drugs that evening and jumping off the roof. 75. Defendants David A. Peffley and Stephanie J. Pei~ley were away from their home on August 3, 2005 and the early morning of August 4, 2005. 10 76. Prior to leaving, Defendants David A. Peffley and Stephanie J. Peffley secured the residence so that no one would enter the residence while they were away. 77. Plaintiff did not have permission from Defendant David A. Peffley or Stephanie Peffley, the owners of the property, to be on the premises and/or the roof at the time of her alleged injury. 78. Therefore, Plaintiff was a trespasser on the property, including the roof. 79. Defendants, David A. Peffley and Stephanie Peffley, did not purchase, supply or provide any alcohol for consumption by anyone on the premises on either August 3, 2005 or August 4, 2005. 80. Defendants, David A. Peffley and Stephanie Peffley did not know, nor should they have known, that a minor was allegedly consuming alcohol on their premises. 81. Defendants, David A. Pei~ley and Stephanie Peffley, did not plan, authorize or have knowledge of any of the events that transpired at their property on August 3, 2005 or the eazly morning hours of August 4, 2005. WHEREFORE, Defendants demand that Plaintiff's Amended Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiff, plus costs of this action. Respectfully By: 'chard B. Druby, squir Attorney LD. No. 6 904 840 East Chocolate enue Hershey, Pennsylvania 17033 3, 31.0 ~ Tel: (717) 533-5406 Date: Attorney for Defendants 11 VERIFICATION I, David A Peffley, verify that the statements made in the foregoing document aze true and correct to the best of my knowledge, information and belief. I understand. that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: / ~ ~ David A. Pe~ley VERIFICATION I, Stephanie J. Peffley, verify that the statements made in the foregoing document aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: p o ~-~ ~ Stephanie J. Peffley VERIFICATION I, David Peffley, Jr., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~ ~ (S - David Pei~ley, Jr. CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 31St day of March, 2009, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Joseph L. Hitchings, Esquire 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 B. Druby, lJ+~ ~t l._ ~ i r, i i ~ '.i il~d~ 9 ,~r-,~ MEGAN M. FRAWLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 07-4615 CIVIL TERM DAVID A. PEFFLEY, :CIVIL ACTION -LAW STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. :JURY TRIAL DEMANDED Defendants REPLY TO NEW MATTER AND NOW, this ~~lay of July, 2009, comes the Plaintiff, Megan M. Frawley, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, and replies to Defendants' New Matter as follows: 59. Paragraphs 1-58 of Plaintiff s Amended Complaint are incorporated herein by reference as if the same were more fully set forth at length herein. 60. The averments of Paragraph 60 constitute conclusions of law to which no responsive pleading is required. 61. The averments of Paragraph 61 constitute conclusions of law to which no responsive pleading is required. 62. The averments of Paragraph 62 constitute conclusions of law to which no responsive pleading is required. 63. The averments of Paragraph 63 constitute conclusions of law to which no responsive pleading is required. 64. The averments of Paragraph 64 constitute conclusions of law to which no responsive pleading is required. 65. The averments of Paragraph 65 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, it is specifically denied that Plaintiff failed to mitigate her damages. 66. The averments of Paragraph 66 constitute conclusions of law to which no responsive pleading is required. By way of further answer it is denied that any other defenses not plead in their Answer with New Matter are available to the Defendants. 67. Admitted in part. Denied in part. It is admitted that toxicology results indicated a presence of cocaine in Plaintiff s system after her fall. It is denied that Plaintiff ingested the cocaine voluntarily, but rather, after she was in a state of alcohol intoxication to the extent she didn't know what she was doing. 68. Denied. It is believed and therefore averred that the cocaine was provided by Defendant David Peffley Jr., after he had supplied the Plaintiff with a quantity of alcohol to render her highly intoxicated. By way of further answer, Defendant has a history of drug usage and access to cocaine, for he had pending drug charges against him at the time of Plaintiff s fall. 69. Denied. Plaintiff did not have a "history and/or habit of engaging in impulsive, reckless, and dangerous activities". Even if this were true, which is denied, that would have placed a greater duty on Defendants to insure that the Plaintiff was safe and not doing anything to harm herself after they had supplied her with alcohol. 70. Denied. As a result of Plaintiffs level of intoxication, she was incapable of knowingly and voluntarily deciding to climb on the roof and attempt to jump into the pool. 71. Denied. Plaintiff s injuries and damages were caused by the conduct of the Defendants as plead in Plaintiff s Amended Complaint. 72. The averments of Paragraph 72 constitute conclusions of law to which no responsive pleading is required. 73. The averments of Paragraph 73 constitute conclusions of law to which no responsive pleading is required. 74. Denied. Plaintiff was incapable of assuming any risks as a result of the Defendants illegal conduct in providing alcohol beverages to her and allowing her to become highly intoxicated. 75. Plaintiff is without sufficient information to admit or deny the averments of paragraph 75, so the same are denied and strict proof thereof is demanded at time of trial. 76. Plaintiff is without sufficient information to admit or deny the averments of paragraph 76, so the same are denied and strict proof thereof is demanded at time of trial. By way of further answer, since the party took place at their residence, they obviously did not adequately secure the premises. 77. Denied. Plaintiff had permission of Defendant, David Peffley Jr. to be on the premises, and since David Peffley is son of the other Defendants, and was permitted to be on the premises, his permission for the Plaintiff to be on the premises is imputed to his parents. 78. Denied. See answer to paragraph 77 hereof. 79. Denied. Defendants, David A. Peffley and Stephanie Peffley, purchased alcohol that was in the residence on the date of the party and which was consumed by the party guests, including the Plaintiff. 80. Denied. David Peffley Jr. previously had parties at his parents' home where alcohol was provided to minors, which Defendants David A. Peffley and Stephanie Peffley were aware of. Therefore based on past history, they should have known that there was a good likelihood that a party would take place and alcohol would be provided to minors when they went away. 81. Denied. See answers to paragraphs 77-80 hereof. WHEREFORE, Plaintiff, Megan M. Frawley, demand judgment against the Defendants as set forth in her Amended Complaint. Date: p~ Respectfully submitted, Law Office of Joseph L. Hitchings oseph L. H c ings, Es ui e Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff VERIFICATION I, Megan M. Frawley, verify that the statements made in this Reply to New Matter are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~~,I_7 i os Date Me M. Frawley MEGAN M. FRAWLEY, Plaintiff v. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4615 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Mail, postage pre-paid Richard B. Druby, Esquire, Nestico, Druby, & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: '~'~~f/b'f Law Office of Joseph L. Hitchings i 1 1 eph L. i chin squire Attorney I.D.# 6555 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff t~~ ?Iw4~ ~' .' ~ ~ , ~ .~:~Y r , ,` _', t r c. ~~ a~, `wv MEGAN M. FRAWLEY, Plaintiff V. DAVID A. PEFFLEY, STEPHANIE J. PEFFLEY, and DAVID PEFFLEY, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-4615 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED rr? Co v C ? _ C_ ; C3 PRAECIPE TO SETTLE AND DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above captioned action settled and discontinued with prejudice. Respectfully Submitted, Office of Joseph L. Hitchings Date: Z-2 3 - // I- "- 4 V Joseph L. itchings, Esquire Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Rossmoyne Business Center Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff