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HomeMy WebLinkAbout99-00093 ,, ,. . ~. F~. : tip ,~E } ' ~ ' ~' ~y#2 °it i i s ~~f: - rid , Y;i' e -. i3 a~ ]-,. ,£ ai ~ ~If_ ;. l .,'. '~` i~i 3 dio I£ ~I1 {i• ~j~ 1 '. J: a3. Yj, - i - 4T.. P _ '. j 4~e.~ 4'. i~ `'. `~ - - ~ -• z `u ~~ ~~( tAlj ~' i '. - :.: i. l! ~:L ~ 1 .. 1 .: ~ ] ie' , C ~. ~ '. IN THF. COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Clvll Actlun - IXXI Law 1 I Equity MARILYN H• SHULTZ and MARTIN SHULTZ ANGELA MILONUPOULOS, individually & t/d/b/a 891 State Street LOWER ALLEN SHOPPING CENTER Lemoyne, PA 17043 2202 Gettysburg Road, Camp Hill, P,A 17011 THOMAS S. NTZANIS, Individually & 2/d/b/a LOWER ALLEN SHOPPING CENTER • 2202 Gettysburg Rnad, Camp Hill, PA 17011 GEORGE S. NTZANIS, individually and t/d/b/a • LOWER ALLEN SHOPPING CENTER • 2202 Gettysburg Road, Camp Hill, PA 17011 MICHAEL INTRIERI, individually and t/d/b/a • 5TEPHE.NSON'S TIRF. & SERVICE CENTER 2236 Old Gettysburg Road, Camp Hill, PA 1701 1 PAMELA INTRIERI, individually and t/d/b/a • STEPHENSON'S'fIRE & SERVICE CENTER 2236 Old Gettysbug Rnad, Camp HIII, PA 17011 TRIANGLE CAR WASH, INC. 973 E. Main Stroet, Palmyra, PA 17078 Plaintifflsl & Defendantlsl & Addresslesl Addressles) PRAECIPE r:na INRI~F SUMMOrI~ TO THE PROTHONOTARY OF SAID COURT; Please issue A Writ of Summons in the above-captioned action. ,~ Writ of Summons Shell be Issued and forwarded to ( )Attorney (XXIShoriff ~Stt Henning Ecnu'r _ ~~,~s 319 Market Street .G'~ P,O. Boz 1177 _ Signatu o for Harrisburg. PA 17106 _ X7171 2'18-2000 ~ S rams Court ID Namo/Addrass/Talephane No. of Atfornay nata,• M inn i~ non TO THE ABOVE NAMED DEFENDANTISI: YOU ARE NOTIFIED ThIAT 1'HE ABOVE•NAMED PIAINTIpFISI HAS/HAVE ACTION AGAINST YOU .~. __~_. Prothonota-r-y~ 1 Ch c here it reverse is used for additional informat~in - PR07HON. - 56 AN SHERIFP"5 RETURN - REGULAR- CAMBMEppNNOgg~AA1999pp-F0009N3 P COUtITYWOF'LCUMBERLANDSYLVANIAa gNSLLTZ MARILYN H V5. MI-ONOe0UL03 ANGELA ET AL CPL• M~C,HAEL BARRICK Sheriff or Deputy Sheriff a# CUMBERLAND County, Pennsylvania, who being duly sworn aaoording to 1•w, ••ya, the within WRIT OF SUMMON,, wa^ served upon NTZ.ANIS T~~,~ S r/d/h/a .LOWER ALLEN SHOP CTR _, the .~.... defendant, at 943 HOURS, on the 14th day of .Isnuarv 19~ •t 2202 OETTYSBURO ROAD CAMP .HILL. PA 17011 .CUMBE~iLAND County, Pennsylvania, by handing to GEORGE S. NTZANIS (PART OWNER) • true and attested copy of the ..WRIT OF SUMMONS and at the same time directing ~,g, attention to the cantente thereof. 9heriti'e Cortez So avower ~ Docketing 6.00 ~~~' 9ervioe . 00 ~'=+`~'~-.Yettir Affidavit .00 Suroharge 8.00 R~1'6omas ne;-5he-t33'~"-'- i'i'3:'OQTHANDLER A WIENER @1/19/1999 .i ., _, e u y er Sworn and aubsoribed, o before me thi^ Jy ~ day of ~.,.~,. 19~Lg- A. D. ~ ` ro~Fiono ar SHERIh"R'S RETURN - REGULAR CASE NOt 1999-00093 P COMMONiVEALTp OF PENNSYLVANIAi COUNTY OF CUMBERLAND ~HULTZ MARILYN H --~_ VS. ![ILONOPOULOG ANOE~• cr AL CPL. MZ .u~rt. a~oo.ICn ~ Sheri#i or Daputy Sheriff of CUMBERLAND County. Pennsylvania, Mho being duly ^rorn aoaordinp to 1•r, says, the rithin ~!$IT OF_ 9U,17NpN~R. upon . NILONOPO ~ -0 _ANOELA t/d h/a ~"-"-' raa nerved --.L-~ _ _. LOWER ALLEN SHOp~,~_ the defendant, ^t 9+45 HOURS,. on the 14th day of 7anuarv 19~,y •t _ 2202 OETTYSBl1R0 ROAD _ ¢AMP HILL PA 170+1 _, F~E~N4 County, Pennsylvania, by handing to OEOROE S. NT ANA (PART- nv+a~o ~ • true snd attested ropy of the WRIZ,OF SUNMONG snd at the same Lime directing ~ attention to the contents thereof. Sheriff's Casts So •nerer Docketing 18.00 ~~ Atiidivit 9.92 ~:,~ey'~O"b„~~,,.c.,s Surcharge B. 00 R:-TFomee ne, er B3'J:'~JZ"l1ANDLER 6 WIENER 01/19/1999 "l b y ~ 4"~ y ~ / epu y Srorn and subscribed to before me this /9 ~`- day of 19 A. D, ro > no ary '-"~"-! SHERIFF'S NETURN - REGULAR CASE NOt 1999-00093 P COMMONWEALTN OF PENNSYI,VANIAi COUNTY OF CUMBERLAND 9FiULTZ MARILXN H VS. IiILONOPOULOS ANGELA ET AL CPL. MLGNAEL BARRICK _ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennrylvania, who being duly sworn aaaording to law, eayr, the within WRIT OF SUNMON3 was served upon _NTZANIS GEORGE S t/d1b/a LOWER ALLEN SNOPPIN~ •FNTE[~ the defendant, at __ 9143 HOURS, on the 14th dsy of ~enuprv 19~ at 2202 OETTYSBURO RO,~D _^ CAMP HILL. PA 1701,E _ ~ CUMBERL~IND County, Pennsylvania, by hsnding to GEORGE S. NTZANIS _ • true and atterted copy of the WRIT (,~_ SUMMONS _ _ and at the same time directing ~ attention to the contents thereof. Sheriff'^ Costn So ens Q Dooketing 6.00 ~~/,~/~'~'.~f.~ Service ;00 / Affidavit Suroharge 8.00 omae ne, er iI~ID-}IANULER b WEINER 01/19/1999 / ~ by /~ /' , e u er~f''~-""' Sworn and subsoribed.to before me this a ,~ 9 .. .day of L- 19_„/~_ A. D. ~_ `._ ~ ~i~.,_, -- rn ono ary SHERIFF'S RETURN - REGULAR CASE NOi 1999-00093 p COMMONWEALTH OF pENNSYLVANIAt COUNTY OF CUMBERLAND H LT MARILYN~` YS. MILONOpOUl,Q9 NpELA ET AL ~p~~tlAEL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsyl.vsnia, who being duly ewarn aooordinp to lsw, s•ya, the within WRIT OF SUMMONg upon NILONpp0UL09 ANp - war •prved defendant, at 9r93 H~ p~URS, on the '-'°----- the S th daY of ,Tan~uarr~ 199,E •t _ 2202 pETTYSB~RQ ROAD ~- CUMBERLAND County, Penneylyenie, 6y handing to pEpROE S NT2A IS (PART OWNER~~ __ • true and •tteated copy of the WRIT OF S tlMON4 and •t the same time directing ~ attention to the contents thereof. Sheriff's Cogtn So •newera~ Dpoketing 6.00 9eryice /~~ //'" Affidavit ; @0 _.r",,,r,~'a!~, !t'-~.'/•,:,:• Suroh•rge 8.00 ~0Q!-HANDLER d WIENER 01/19/1999 b,y ~, > - -~' l ._.__ ePu Y er Sworn and ^ubraribe~d lto before me thir _/9 ~ dsy of ~J,,~_ 19 ?q A. D. ___TTT ~T"-pro~iano't.~rq----- SHERIFF'S RETURN - REGULAR CAMSEOoppNO~ 7,T999-00p093 P C0UNT'YW0FLCUM9ERLANDSYLVANIA~ SNUG~'2 MARILYN H vs. MILONQPOUL.OS ANGELA ET AL CPL. Mjg LE BAR$~CK ___ ~, Sheriff or Deputy Sheriff of CUMBERLAND County, Pennrylvrnir, who being duly rworn raoordinp to lrw, •ryr, the within KRIT OF SUMMONS _~ wr• ^erved upon NTZANIS GEORGE S ~, the defendant, ^t 943 NOURS, on the 14th day of Jrnurrv a 19~ rt 2202 OETTSBURI ROAD _ _ CAMP HALL, PA 17011 .CUMBERLAND ~, County, Pennrylvrnir, by hrndin® to GEORGE S. NT2ANI3 r true and ^tterted copy of the _WRIT OF SUMMONS and at the ^sme time direotinp ~, attention to the content^ thereof. Sherifi'• Cortrt 5o rnewe ~`~~ Dooketinp 6.00 mot, Afi davit .00 ^~'~~ ~~ Surahrrpe 8.00 omrs ne, er ~" ~'~NANDLER R WIENER 01 / 19 / 1999-~Tf`_ _ -~- /, . Sworn rnd eubroribe~~d ))to before me this /i a" dry of Ll,_ 19 y, ~ A. [D~ 77~~ ro- o'~F'no~-ry 9HERIFF'8 RETURN - REGULAR CASE NOt 1993-00093 P CpMMCHWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHU,~LTZ MARILYN H VS. MILONOp0UL0$ ANGELA ET AL CP-. L. nzcu.~~~. BARkICK Sheriff or Deputy Sheriff of CUMDERLAND County, Penneylvwniw, .aha being duly eaorn aoaording to lww, ^eys, the within WRIT OF SUMMONS awY served upon NTZANIS THOMAS S _ the defendant, wt 9a 4S HOURS, on the jg,~) , day of Jwnuw~__ 199 wt -Z2O2 gETTYSBURq ROAD CAMP HI~~L- PA ip011 ~~ _,, C MBERLAND County, Pennsylvwnia, 6y handing to ~OROE S NTZANIS (PART OWNER) w true and wtteeted aapy of the -WRIT OF SUMMONS wnd •t the same time direotin®(~ attention to the content^ thereof. Sheriff'® Coates Docketing So 6.00 rne . Service Affidavit .00 .80 ~^~~~.. ~'~ ,, '' ~~ .~~`:i-.:~ ^ 3uroharge 8,00 Xmas ne, ~ er iT4-0~'HANDLER 6 WIENER 01/19/1999 ~ epu y, ra Sworn and eubeoribed)) to before mQ this try ~` day otL.~T_~~ 19 49 A. D. ~~pp,,~~ - ~ ro ono~aTy~ ~~ SHERIFF'S RETURN - REOIfLAR CAGE NOt 1999-00093 P COMMONWEAL°TH OF PENNSYLVANIA COUNTY OF CUMBERLAND HHULTZ MARILYN H VS. ~- ~LONOPOULOS ANOELA ET AL APL. MICHAEL DARRIGK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn aoaordinp to law, rays, the within Wgj~, OF SUMMONS ~ wu served upon .INTRIERI MICHAEL the defendant, at __~ °~1 HOURS, on the 14th day of January i9~, at 226 OLD GETTYGBi~ROAD CAMP HILL. PA 17011 .. .............._ County, Pennsylvania, 6y handing to MICHAEL INTRIERI a true and attertsd Dopy of the _WRIT OF SUMMONG and at the same time directing N1[ sttwntion to the oontsntr thereof. Sharifi'r Cortei ~ So anrr ~°~; Docketing 6.00 ~,~.~,~~°~~e.°.~2 3ervior Alfidavit Suroharge 8.00 t~~l'Samae ne, eri - 91~:~0f3°~IANDLER 6 WIENER \ 01/19/1995 J ep y er -Scorn end subscribed. a before me thi^ /9 ~" day of ~,,~_~ 19 ~lh A. D. i ~y~, tc.C~/ ~~y', T,' ro ~ ono s~i`'y SHERIFF'S RE'PURN - REGULAR CASE NOs 1999-00093 P COMMONWEALTH OF PF.NNSYLVANIAs COUNNTY OF CUMBERLAND SHULTZ MARILYN H _ VS. W MILONO O OQ ANGELA ET ~! -~P- L~MISzNA~L BARRIGK _~ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn sooording to law, says, the within Y(RIT OF SUMM upon .~NTRIERI MI •H ~~-'--'-""-"- ree srrved AEL TDBA 4TFP{l4~unnN c~TIR~ d S ~CENTE~,_, tho defendant, at _~p~ HOURS, on the S9tts dqy of J~nugrv ___ 19~ at _2236 OLD OETTYSBURO ROAD ~ CAMP HILL PA s~3lil .CUMBERLAN~_, County, Penneyl.vania, by handing to MICH_ AE_ L INP~?;ERI a true ^nd attested Dopy of the .~RTT OF SUMMONS and •t thr •ame time dlreoting ~ sttention to the oontents thereof. Sheriff's Costs: Docketing 6.00 So aneae ~G+~~ ,~!~%:"" ~,.' . Service .00 '~r°.~"~ ~y .,~'-;_~"-", <' Affidavit .00 Surcharge A. 00 F1:~!'fiomae ne, er iT4:'B0" 1~ANDLER 6 WIENER 01/19/1999 b y ~ ~ ~~ . epu y Sworn and •ubsocri bed to before me this '/)~ day o f~- ~ 19_2L A. D. j ,... ~~ h ~~~~ ro , y, on~aT ~: - .-r..~.,. SHERIFF'S RETURN ~ REGULAR CASE N0~ 1999-00093 P COMMONWEALTpp OF PENNSYLVANIA COUNTY OF CUMBERLAND SHIJLTZ MARILYN H VS. .~ ILO O OULOS l1NO~,J~ ET ~_,_ _CPL. MICHAEL- ~ARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennnylvwniw, who being duly sworn wccordinp to lww, ewye, the within 14$IT OF SUMMONS ww^ ^srved upon INTRIERI PAMELA TDBA STEPHEHSON'_S TIRE R SYC GENTER _ the defendant, at 9:50 HOURS, on the 14th day of ,~ nuwrv 199 et __.2236 OLD OETTYSBURO ROAD _ _ CAMP HIj~„~A 17011 . CUMBERLAND County, Pennnylvsni#, by handing to ~HAEL INTRIERI.{HUSBAND) w true ^nd ^ttented copy of the -.WRIT OF SUNMONS ~.~ ^nd wt the name time di.reotinp d.~l[ attention to the aontentn thereof. Sheriff's Contra So enswern Dooketinp 6.00 :.y,y Affidavit 00 Surohorge 8:00 t~fTi man ne, ~ r 33 3'I4-'e0-HANDLER & WIENER 01/19/1999 '~ 7 / by ~/j' ~' Pu Y r Sworn and subnoribed,)to before me thin _[ r ~~ day ol~l~ju.,~, _._ 19~~ A. D. TT~~ SHERIFF°S RETURN - REGULAR CCppAM&MMF. NNNCiAA1T9H99pp-p0~~0p09NN3 P COUMTYWOFLCUMBERLAHDSYLVANIA~ &N LTZ MARILYN N VS. ~~1NOFDU,i.05 ANOFL~A ET AL APL. MICHA~~ BARRICw Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn soaordlnp to law, says, the within WRIT OF SUMMONS was served upon _INTRIERI PAMELA _ the detwndent, at _, 990 HOURS, an the 14th dsy of ,~,nusrr 19~ •t 22.6 OLD i~'SY58URL3 RDAD __ CAMP HILL. PA 1701 t _r_- _ ~ . ~1MBER~.AND County, Pvnnwylvenis, by hsndi.np to MICHAEL INTRIERI 1}(USBA~D) s trues and ^ttwsted Dopy of the WRIT OF SUMMONS •nd et thw same time di.reating tJ,~.~, attention to the oantents thereof. Sheriff's Costsa 5o anwwe ~' ~~~~P Doaketinp 6.00 ~y~e~,.~cvA.' i';~c~.i..a.~a Swrviow %% Affidavit ~®0 Suroharpe B. 0@ R-' omas ne, er 01~'0ID'~ANDLER b WIENER 01/19/1999 y ~ > ~~, Sworn and subsoribw~d_)to before me this ~ y ~ dsy of ~b,~ _ 19 <t y A. D. T-~-_ ro ono ar SHERIFF'S RETURN - RELiULAR CASE N0~ 1999-00093 P COMMONWEALTH OF PENNSYLVANIAt COUNTY OF CUNBERLAND SHULTZ MARILXN H _ VS. MILONOPOULOS ANGELA ET AL CPL. MICHAFjL- BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly srorn aooordinp to lar, •ays, the rithin WRIT OF SUMMONS was servrd upon _SRIANOLE CAR WASH ~~ _-` defendant, et the 9~,~ HOURS, on the 14th day of ,~ uarv _.__ 19`.1.,2 •t _2232 OLD (3ETTYGp~iora ROAD ~cS,MP H;LL. PA 1701 t °"---- CUMBER~AND County, Pennsylvania, 6y handing to WILLIAM SMITH (MANAGER) _ a true and attested Dopy of the WRIT of SIIMMnMC and at the •ame time directing j~ attention to the oontent• thereof. Sheriff's Costs Dooketinp Servioe Affidavit S3uroharpe 6.00 So ansrerst ~e+~~,~ 8.00 ~ omas ne, er ~'~IANDLER b WIENER 01/19/1999 ,- _ epu_ Y '~er Sworn and subsoribed to before ma this ~9 a= day of ~~~- 19 r! 9_ A. D. rv , ono a y `~ 1 ~> r r, • ',.,'i ~4. i ~ ~~ ~ n~ ~~ ~`, ,~ ~ ~4~ MARTM SIiUL'fZ and MARILYN SHULT2,, husband and knife, Plaintitl's v, ANGELA MtLONOPOULOS, individually : and t!d/b/u LOWER ALLEN SHOPPING CENTER, THOMAS S. NTZANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, MICHAEL INTR-ERI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER, PAMELA -NTRIERI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASfi, INC., Defendants IN ThfE COURT OF COMMON PLEAS CUMBERLAND CO[INTY, PENNSYLVANIA NO, 99-93 CIVIL JURY 'TRIAL DEMANDED CIVIL ACTION - GAW NOTICE You have been sued In court. If you wish to defend against the claims sat forth in the following pages, you must take action within twenty 1201 days after this complaint and notice ere served, by entoring a written appearance personally or by attorney and filing in writing. with the Court your defonses or objections to the claims sat forth against you. You are warned that if you fail to do so tho 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 clairn or relief requostad 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 UR CANNOT AFFORD ONE, GO T'0 OR TELEPHONE TtiE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLANU COUNTY BAR ASSOCIATION 2 Liberty Avenuo Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9109 HANDLER, BY W. S tt Hen ' ,Esq. LD 1!32298 3 9 M Street P. ox 1177 Harrisburg, PA 108 (717) 238-200 Cu4umplainikl:ulu,rynl MARTIN SHULTZ and MARILYN SHULTZ, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PENNSYLVANIA v. ANGELA MILONOPOULOS, individually and t/dlb/a LOWER ALLEN SFIOPPING CENTER, THOMAS S, NTZANIS, individually and t/dPo/a LOWER ALLEN SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ; ALLEN SHOPP[NG CENTER, MICIiAEL ; INTRIERI, individually and t/d/b/a STEPHENSON'S TIRE ~ SERVICE CENTER, PAMELA IN'fR1ER1, individually and t/d/b/a STEPFiENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASH, INC.., Defendants NO, 99-93 CIVIL JURY TRIAL DEMANDED CIVIL ACTION -LAW COMPLAINT AND NOW, come Plaintiffs, Marilyn Shultz and Martin Shultz, her husband by and through their attorneys, HANDLER, WIENER, HENNING & ROSENBERG, and make the within Complaint against Defendants as follows; Plaintiffs, Marilyn Shultz and Martin Shultz are adult individuals currently residing at 691 State Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant, Angela Milonopados, individually and doing business as Lower Allen Shopping Center, maintains an oflice and place of business located at 2202 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 1701 I. 3. Defendank, Thomas S. Ntzanis, individually and doing business as Lower Allen Shopping Center, maintains an office and place of business located at 2202 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 17011, 4. Defendant, George S. Ntzanis, individually and doing business as Lower Allen Stropping Confer, maintains an oflice and place of business located at 27.02 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 1701 I. 5. Defendant, Michael Intrieri, individually and doing business as Stephenson's Tire & Service Center, mahrtnins an oltice and place of business located at 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. Defendant, Pamela Intrieri, individually and together doing business as Stephenson's 'Tire & Service Canter, maintains an office and place of business located at 2236 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 1701 ]. 7. Defendant, Triangle Car Wash, Inc. is a corporation registered and established under the laws of Pennsylvania, which maintains its principal place of business at 973 East Main Street, Palmyra, Lebanon County, Pennsylvania, 17078, and an office and place ofbusiness located at 2232 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 8. At all times material hereto, Defendants, Angela Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis, were in ownership, possession, control and responsible for the maintenance of the land and common areas of Lower Allen Shopping Center located along Old Gettysburg Road, Camp Bill, Cumberland County, Pennsylvania, 1701 I. 9. At all times material hereto, Defendants, M1lichael Intrieri and Pamela lntrieri were in ownership, possession, control, and responsible for the maintenance of the premises known as 2 Stephenson's 7"ire & Service Center, located nt 2236 Old Gettysburg Road, Cmnp Hill, Cumberland County, 1'ennsylvnnia• 10, At all times rnaterial to, Defendant, 'Triangle Car Wash, Inc., was in ownership, possession, control, and responsible for the iuaintenance of the premises known as Triangle Car Wash, Inc., located at 2232 Old Gettysburg Road, Camp Hill, Cumberland County, pennaylvania, 1701E I I . At all tunes material hereto, Plaintitl; Mm•ilyn Shultz, was aninvitee/licensee who was lawfully upon the premises of the Defendants. I?,. At all times material heroto, there was a macadam divider located in the parking lot between Defendant 5tephenson's Tire Center and Defendant Triangle Car Wash, Ina that was obstructed from view by tall grass and weeds that were growing on either side of the macadam divider. 13. The Defendants either had actual notice of the existence of the overgrown areas of grass and weeds obstructing the view of the macadam divider or would be deemed to have constructive notice by virtue of the tact that the Defendants were under the obligation io conduct a reasonable inspection of the property, 14. On or about July 17, 1997, at approximately 12:30 p.m., PlaintifT; Marilyn Shultz, was walking through the Defendants' parking lot, when she was caused to fall harshly to the ground when she tripped over a divider in the parking lot that was obsUUCted from view by tall grass and weeds that were growing on either side ofthe macadam divider. I5. PlaintiB; Marilyn Shultz, had to he transported from the incident scene via ambulance to Holy Spirit Hospital as a result of the aforementioned incident. 3 NEGLIGENCE ARILYj~LSHULTZ V ANGELA MII ONQ.QQULOS el al..t/d/It/n LOWER LI ~ SHOPPING CENTER 16. Plaintiff; Marilyn Shultz, incorporates and makes part of this Count, Paragraphs I through I S of this Complaint, as if fidly set forth herein. 17. Ac a direct and proximate resul[ of the Defendants' negligence, Plaintiff; Marilyn Shultz, has suffered serious bodily injury as set forth morn fully hereinafter. 18. At all times material hereto, Plaintiff believes and therefore avers that the Defendants wore in ownership, possession, control, and/or management, of the parking lot area where Plaintiff fell, and were responsible for maintaining the safe condition of the property. 19. The occurrence of the aforesaid incident and the injuries to the Plaintiff; Marilyn Shultz, resulting therefrom, were caused directly and proximately by the Defendants' negligence, generally and more specifically as set forth below: (a) In allowing the Defendants' parking l04 to contain a hidden rnacadam divider, obstructed from view by tall grass and weeds that were growing on either side of the divider, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons walking through said parking lot; (b) In failing to make a reasonable inspection of said parking lot, (which inspection would have revealed the existence of the dangerous condition .posed by the hidden macadam divider), thereby allowing the same to remain in a dangerous condition when the Defendants knew or should have known of it; (c) In fttiliug to maintain the parking lot, when the Uefendants knew or should have known of the dangerous condition, or to take other precautions to prevent injury to the Plaintiff and to other persons in the parking lot; 4 (d) In failing to warn of the; dangerous condition posed by the hidden macadam divider, when the Defendants knew or should have known of it; and (e) In failing to paint 4hr. macadam divider or otherwise install a divider of different color and material from that of the surrounding areaso that it would not blond into the surrounding area and pose a Ihreat to parsers walking upon the premises. 2Q. As x direct result of the Defendants' negligence, Plaintiff; Marilyn Shultz, sustained serious injuries, including but not limited to, afracture-dislocation of hor left elbow which required open reduction internal fixation requiring pins and wires to be placed in Plaintiff's elbow. 21. As a result of the negligence of Defendants, PlaintifT Mauilyn Shultz, has undergone groat physical pain, discomfort and mental anguish and will continua to endure the s~une for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 22. As the result of the negligence of the Defendants, Plaintiff; Marilyn Shultz, has bean and probably will in the future be hindered from attending to her daily activities to her great detriment, loss, humiliation and embarrassment, 23. As a result ofthe Defendants' negligence, Plaintiff, Marilyn Shullz, has incurred lost income and may continue to suffer a loss ofearnings and earning capacity in the future to her financial detriment. 24. As a resalt of the Defendants' negligence, Plaintiff; Marilyn Shultz, has and probably will in the future suffer a loss of life's pleasures, and a claim is made therefore. 25. Plaintiff; Marilyn Shultz, believes and therefore avers that hur injuries are permanent m nature. 5 26, As a result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has been compelled, in order to eftod a cure for aforesaid injuries, to expend large sums of money for medigine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Marilyn Shultz, claims damages from the Defendants, Angela Milanopoulos, Thomas S. Ntzanis, and George S. Ntzanis, each individually and t/d/b/a Lower Allen Shopping Center, in an amount in the excess of Twenty-Five Thousand Dollars and 00/100 ($25,000.00). C~J TH NEGLIGENCE MARILYN SHULTZ v. MICHAEL INTRIERI et nl t/d/h/a STEPHENSON'S'I'IRE & SERVICE CENTER 27. Plaintiff, Marilyn Shultz, incorporates and makes part of this Count, Paragraphs I through 26 of this Complaint, as if fully set forth here at length, 28. As a direct and proximate result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has suffered serious bodily injury as set forth more fully hereinaRer. 29, At all times material hereto, Plainti(I'bolievesend therefore avers that the Defendants were in ownership, possession, control, and/or management, of the parking lot urea where Plaintiff tell, and were responsible for maintaining the safe condition of the property. 6 30, The occurrence of the aforesaid incident and the injuries to the Plaintiff, Marilyn Shultz, resulting therefi~om, were caused directly and proximately by the pefendants',negligence, generally and rnrn•e specifically as set forth below, (a) In allowing thr, Defendants' parking lot to contain a hidden macadam divider, obstnrcted from view by tall grass and weeds that were growing on either side of the divider, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons walking through said parking lot; (b) Lr ftriling to make a reasonable inspection of said parking lot, (which inspection would have revealed the existence of the dangerous condition posed by the hidden rnacadam divider), thereby allowing the same to remain in a dangerous condition when the Defendants knew or should have known of it; (c) In failing to maintain the parking lot, when the Defendants knew or should have known of the dangerous condition, or to take other precautions to prevent injury to the Plaintiff and to other persons in the parking lot; (d) In failing to warn of the dangerous condition posed by the hidden macadam divider, when the Defendants knew or should have known of it; and (e) In failing to paint the macadam divider or otherwise install a divider of different color and material from that ofthe surcounding area so that it would not blend into the surrounding area and pose a threat to persons walking upon the premises. 31. As a direct result of the Defendants' negligence, Plaintiff, Marilyn Shultz, sustained serious injuries, including but not limited to, ;r fracture-dislocation of her left elbow which required 6pen reduction internal fixation requiring pins and wires to be placed in Plaintitl's elbow, 32. As a result ofthe negligence ofDefendanis, Plaintiff, Marilyn Shultz, has undergone great physical pain, discomfort and mental anguish and will continua to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 7 13. As the result of the negligence of the Defendants, Plaintiff Mnrilyn Shultz, has been and probably •will in the flrture be hindered from attending to her daily activities to her great detriment, loss, humiliation and ambarrassmont. 34; As a result of the Def'endants' negligence, PlaintiR; Marilyn Shultz, has incurred lost income and nay contirnre to siaflcr a loss ofearnings and earning capacity in the future to her financial detriment. 35. As tr result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has and probably will in the future sut}er a loss of life's pleasures, and a claim is made therer""ore, 3G. Plaintiff, Marilyn Shultz, believes and therefore avers that her injuries are permanent in nature. 3%. As u result of the Defendants' negligence, Plaintiff, Marilyn Shultz, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff; Marilyn Shultz, claims damages from the Defendants, Michael Intrieri and Pamela hrtrieri, individually and t/d/b/a Stephenson's Tire & Service Center, in an amount in the excess of'fwenty-Five Thousand Dollars and 00/100 ($25,000.00). 8 ~! NEC;LIGENC'E jNARILYN SNULTZ v. TRIANGLE CAR WASH. INS 38, Plaintiff, Marilyn Shultz, incorporates raid makes part of this Count, Paragraphs 1 through 37 of this Cornpiaint, rrs if fldly sat forth rrt length. 39, As a direct and proximate result of rho Defendant's negligence, flaintitt; Marilyn Shultz, has suffered serious bodily injury as set forth more filly hereinafter, 40, At all times material hereto, Plaintiff believes and therek'ore avers thtU the Defendant was in ownership, possession, control, and/or management, ofthe parking lot area where Plaintifffell, and was responsible for maintaining the safe condition of the property. AI. The occurrence of the aforesaid incident and the injuries to the Plaintiff, Marilyn Shultz, resulting therefrom, were caused directly and proximately by the Defendant's negligence, generally and more specifically as set forth below: (a) In atlowing the Defendant's parking lotto contain a hidden macadam divider, obstructed from view by tall grass and weeds that were growing on wither side of the divider, thereby posing an unreasonable risk of injury to the Plaintiff' and to other persons walking through said parking lot; 9 (b) (~) (d) (e) In failing to make inspection rr '•easonablc posed b would have revealed rnspoction Y the hidden macadam the oP said parking lot in a dangerous condition existence oP the d divider), thereb angerocrs (which it; when the U Y allowin 00ndition efendam knew or should Lave kno n orf In tailing to nuiintaiu the have known of the parking lot, when prevent in' dangerous condition the Defendant kne Jury to the 1'laintiffaaad to other or to take other precautions to In failing to persons in the divider, warn of the lour , parking lot; when the Defendant knerwyor shoruidairave posed by the hidden macadam In failing to paint the nracnd known of it; drlferent color and not blend into and material from tlaatrof he or othe the sumo Visa install a divider °f the premises. unding area and urroundin pOSe a threat to b area so that it would 42, As a direct result of persons welkin the Defend g upon serious injuries ant's ne ,Ir , ,including but not limited to b •bence, plaintiff; Marilyn Shultz, sustained open reduction i ~ a fracture-dislocation of'hcr left elbca nternal fixation requir•iaK pins and w which required 43, As a result of wires to be placed ' the ne , . an Plaintiffs elbow. b'reaat bh8u1Ce of Defendant, pl • Physical pain, discomfort and anuiff mental ~ Marilyn Shultz, has brdefinite anguish and w' undergone period of time in the f rll continue to financially. uture, to her endure the same for an Sreat detriment and loss, physically, emotionally and 44; qs the result of the and neglrbence of the U probably will in efendant, P the future be hindered laintif}; Maril detriment. loss from Yn Shultz, has humiliation and attendin ~ been embarrassment• b to her daily Flctivities to her great 10 45. As a result ofthe Defendant's negligence, Plaintiff, Marilyn Shultz, has incurred lost income and may continue to sut}'er a loss of earnings and earning capacity in the ftrture to her financial detriment 46. As a result ofthe Defendant's negligence, Plaintiff, Marilyn Shultz, has and probably will in the future suffer a loss of life's pleasures, and a claim is rnndc therefore. Q7. Plaintiff Marilyn Shultz, believes and therefore avers that her injuries are permanent in nature. 4S. As a result of the Defendant's negligence, Plainti8; Marilyn Shultz, has been compelled, in order to effect a cure for aforesaid injuries, to expend large Burns of money for medicine and medical attention, and maybe required to expend large sums of money for the same purposes in the firture, to her groat detriment and loss. WHEREFORE, Plaintitt; Marilyn Shultz, claims damages from the Defendant, Triangle Car Wash, Inc., in an amount in the excess ofTwenty-Five Thousand Dollars and 00/100 ($25,000.00). COUNT IV LOSS OF CONSORTIUM MARTIN SHULTZ v ANGELA MILONOPOULOS et al., t/d/b/a LOWER ALLEN SHOPPING CENTER 49. Plaintitt;MartinShultz,hereininwrporatesparagrrtphslthrough49ofthisComplaint into this Count as if set forth at length. 50, As a result oftho negligence of Angola Milonopoulos,'fhomas S. Ntzanis, and George S, Ntzanis, each individually and t/d/b/a Lower A.Ilan Shopping Confer, Michael 6ttrieri and Pamela Intrieri, each individually and t/d/b/a 5tephenson's Tiro & Service Center, and Triangle Car Wash, Inc„ Plaintiff, Martin Shultz, has suffered a loss of consortium, society and comfort from his wife, Marilyn Shultz, and he will continue to softer a similar loss in the future. 51. As a result of the Defendants', Plaintiff; Mnrtin Shultz, has been compelled, in order to etlectuatc a cure for his wife's injuries, to expend large sums of money for medicine and medical attention and may be required to expend large sums of money for lha same purposes in the future, ko his great detriment and loss. W HEREFURE, Plaintiff, Martin Shultz seeks damages from Angela Milonopoulos, Thomas 5. Ntzanis, and George S. Ntzanis, each individually and t/dPo/a Lower Allen Shopping Center, Michael Intrieri and Pamela Intrieri, each individually and t/d/b/a Stephenson's Tire Xe Service Center, and Triangle Car Wash, Inc, in an amount in excess of Twenty-Five'fhousand Dollars and 00/100 ($25,000.00). Respectfully Submitted, HANDLER, WIENER, r~ HENNING & ROSENBERG Date, ~'J~a-"! B~ t en g, Esnulro I. L7. #3229 319 Mar Street P, O. x 1177 Ha sburg, PA 17108 17)238-2000 Attorney for Plaintiffs 12 VERIFICATION The undersigned hereby verifies that the statements In the foregoing COMPLAINT are based upon information which has been furnished to counsel by mo and .Information which has been gathered by counsel in the proparatfon of this lawsuit. The language of the above-named COMPLAINT Is of counsel and not my own, I have read the COMPLAINT and to tho extent that it Is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the contents of the COMPLAINT is that of counsel, i have relied upon my caunsel in making this verification, The undersigned also understands that the statements therein. are rnade subjoct to the penalties of 18 Pa.R.C.P, 2252(d- C,S, Section 4904, relating to unsworn falsification to .authorities, , ~ ~... ,L~~%acdr Gt~l .~ Martin Shultz Marily Shultz 1 Data: I - ~~o - 99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTIN SHl1LT'L and MARiL'YN SHUL7"L, husband and wife Plaintiffs v. ANGELA MILONOPOULOS, individually and ddlb/a LOWER ALLEN SHOPPING CENTER, THOMAS S. NTI,ANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTF,R, GORGE S. , NT"LAMS individually and Ud/b/a LOWER. ALLEN SHOPPING CENTER, MICHAEL INTRIEIZI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE: CENTER, PAMELA INTRIERI, , individually and t/d/b/a , STEPF[ENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR , WASH, INC. , Defendants , Civil Actlon -Law No. 99.93 PRAECIPE FOR ENTRY O_F APPEARANCE PURSUANT TO Pa R C n t nt o T.QSHE PROTHONOTAKY• Kindly enter the appearance of Charles B. Calkins, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Stephenson's Tire & Service Center, Inc„ in the above-captioned matter and mark the docket accordingly, GRl BY_ CHARLES ,CA S Attorney for Stephenso 's Tire Supreme Court I,D. No. 6208 10 South Northern Way York, PA 17402 IQ/steph,prp Telephone No. (717) 757-7602 ,,~ CL;R'I'II~ICA7'l ~ S~V~; AND NOW, this ,~_ day of^Jl~~yultX' 1999, I, Charlos B, Calkins, Esquiro, a member of the firm ofGRIHPI'fH, S'fRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: W. Scott FIenning, Esquire HANALE, WIENER, HENNINCi & ROSENBERG 319 Market Street, P,O, Box 1177 Harrisburg, PA 17105 Angola Milonopaulos d/b!a Lawer Allen Shopping Center 2202 Old Gottysburg Road Camp Hill, PA 17011 Thomas S. Nt~nnis d,~b/a Lower Allen Shopping Center 2202 Old Gettysburg Road Camp Hill, PA 17011 Michael Intrieri d/b/a Stephenson's Service Center 22,36 Old Gettysburg Road Camp Hill, PA 1'1011 Pamela Intrieri dib/a Stephenson's Service Center 2236 Old Gettysburg Road Camp Hill, PA 17011 Triangle Car Wash, lnc. 2232 Old Gettysburg Road Camp Hill, PA 17011 George S, Ntzanis Lower Allen Shopping Center 2202 Old Gettysburg Road Camp }dill, PA 17011 LERMAN, BY Attorltey for`De~~nc~ant Stephenson Tire Supreme Court 1.0,'No, 3620& 110 South Northern Way York, PA 17402 Telephone No. (717) 757.7602 Ill/steph,prp ' < ~ Y' .. _ ,. ~ ,. ~"~ 1• V LUU11 ~ ~~ i Xi ~ ~ C7 fA' r ~ .1 . i t~ ^~~ n ~~ ' rn ; AN` IFY { L~ 1 A C~ ~ ~T~ _) - ,. ~ ~ . C r d ~' ~, } _ - IN THE COURT' OF COMMON PL,IiAS OI' CUMIlERLAND COUNTY, I'6'NNSYI,VANIA MAR"fIN SHUT;I'I and MARILYN SHl1I; I'!, husband and wile , PlnintifCs ("ivi) Action -Law v. Na, 99-93 ANGELA MILONOI'OUL,OS, individually and 1/d/b/n LOWIiR AL.LIiN SHOPPING , CEN'I'ER,'1'1-OMA5 S, N'I7,ANI5, , individually and t/d/h/a LOWER ALLEN SHOPPING CI?N'I'IiR, GORGE S. , N'f7ANIS individually and t/d/h/n , LOWER ALLIiN SHOPPING CEN"I'ER, , MICI IAfiI, IN"I'RIERI, individually and t/d/b/a S'1'1?PFIENSON'S '1'IRIi Nc SERVICE: CEN'1'HR, PAMELA IN"IT211sR1, individually and t/d/h/n , STEPHENSON'S "flRfi & SERVICE. , CENTER and '1'RIAN(iLF. CAR , WASH, 1NC. ' Defendants PR .C '?FOR IN"I'RY 01~ APPEARANCI' PURSUANT TO Pa R C.P, 1Q12 TO.rIIF, PROTIiON "fARY~; Kindly enter the appearance of Charles 13. Calkins, Esquire, ol'Griffith, Strickler, Lerman, Solynaos R Calkins, as attorneys for the Defeendnnts, Michael Inu•ieri, individually and t/d/b/a Stephenson's'1'ire & Service Center, Inc„ and Pamela Intricri, individually and t/d/b/a Stephenson's 'l'ire & Scrvicc Center, lac., in the trbovc-captioned matter and mark the docket accordingly. G1 I31 III/steph,prp Attorney 1'or Stephenson's 'l'ire Supreme Court LD. No. 36208 110 South Northern Way York, PA 17402 "1'clcphone No. (717) 757-7602 ' - "' ~~c~cs)f~ 5eav-rr V~~ ANL) NOW, this ~~, day of _~~.1I11,tLiA_,~~ 999,1, Charles I3, Calkins, Esquire, a member of the firm of (iR11~F1"I'1!, S'I'RICKLER, L.[?•RMAN, SOI.YMOS & CALY.INS, Esquires, hereby certify that I have, this date, served a Dopy of Praecipe for Tinny of Appearance 6y lhiited States Mail, addressed to the pFrrty or attorney ol'rword as follows: W. Scott Henning, Esquire I-IANDLFs, WIENER, FIENNING Rc ROSENBI3RG 319 Market Street, P.U. l3ox I ! 77 llarrisburg,l'A 1710R Michael Intrieri d/b/a Stephenson's Service Center 2236 OId Gettysburg Road Camp F-Till, PA 17011 Angela Milonopoulos d/b/a Lower Allan Shopping Centar 2202 Old Gettysburg Road Camp Hill, PA 1701 I 'Thomas S, Ntzanis d/b/a Lower Allen Shopping Center 2202 Old Gettysburg Road Camp I-Till, PA 17011 George S. Ntzanis Lower Allen Shopping Centar 2202 Old Gettysburg Road Camp Hill, PA 17011 Pamela Intrieri d/h/a Stephenson's Service Center 2236 Old Gettysburg Road Camp I lih, PA 17011 'triangle Car Wash, Inc. 2232 Old Gettysburg Road Camp }-till, PA 17011 III/steph,prp 110 South Northern Way York, I'A 17402 'T'elephone No, (717) 757-7602 GREGORY E, CASSIMAT'IS, ESQUIRE Berlon & Timmel 4999 Louisa llrive, Suite 103 Mechanicsburg, PA 17055 (7!7)791-0400 Attorney LD, # 49619 MARTIN SHULTL and MARILYN SHULT'Z, husband and wife PENNSYLVANIA Plaintiffs v. ANGELA MILONOPOULOS, individually and t/dPo/a LOWER ALLEN SHOPPING CENTER, THOMAS S N'fZAN1S, individually and t/d/b/a LOWER ALLEN , SHOPPING CENTER, GEORGE S. , NTZANIS, individually and Ud/b/a LOWER ALLEN SHOPPING CF,NTER, MICHAEL INTRIERI, individually and t/d/b/a STEPHF.NSON'S TIRE & SERVICE , CENTER, PAMELA INTRIERI, individually and t/d/b/a S'fEPHENSON'S ; TIRE & SERVICE CENTER and , TRIANGLE CAR WASH, INC., Defendants ATTORNEY FOR DEFENDANT, TRIANGLE CAR WASH, INC. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, N0.99-93 CIVIL JURY TRIAL DEMANDED ro YIX/AREHER aV ~~ A WRITTEN R88RONa@ 7O TMH ENCLOSED WITHIN 1WENTV (2p)~pAy BERVICF_ HEREOF OR A JW WIiNT MAV6EENTER6DAGAMMrYpU. aY CIVIL ACTION-LAW ANSWER. NEW MATTER AND NEW MATTER PURSUANT TO Pa R C P 2252 (d1 (,~FDEFENDANT'. TRIANGLE CAR WASH INC TO PI AINTIFF'S COMPL,~j~{L AND NOW, comes the Defendant, Triangle Car Wash, Inc., by and through its aUornuy, Gregory E. Cassimatis, Esquire and files the following Answer, Ncw Matter, anti Now Muller pursuant to Pa.R.C.P. 2252 (d) and in support thereof avers us follows: 1, The answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations of paragraph 1, with the result that said allegations arc deemed denied pursuant to the Pennsylvania Rules of Civil Procedure, 2. Tho answering Defendant is withrntt knowledge or infunnation sufficient to form a belief as to the truth or veracity of the allegations of paragraph 2, with the result that said allegations era deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 3. .Tho answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations of paragraph 3, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 4, The answering Defendant is without knowledge or information sufficient to form a belief as to the tnrth or veracity of the allegations of paragraph 4, with the rosult that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 5. The answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations of paragraph 5, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. &, The answering Defendant is without knowledge or information sufficient to form a belief as to the tnrth or veracity of the allegations of paragraph G, with the result that said allegations are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 7. Admitted with clarification. The; answering Defendant admits that it has a place of business located at 2232 Old Gettysburg Road, Comp Hill, Curriberland County, ` Pennsylvania, 1701 I. Its principal place of business and office is located at 973 East Main Street, Palmyra, Lebanon County, Pennsylvania, 17078. [t is further admitted that the answering Defendant is a coipotation registered and establishal und0r the htws of Pennsylvania. The allegations contained in paragraph 8 of Plaintiff s Complaint arc not directed to 1110 answering defendant and, therefore, no response is required, 9• The allegations contained in paragraph 9 of Plaintiffs Complaint aro not dirc01nr1 Io lho answering defendant and, therefore, no response is required. 10. Admitted in part and denied in part. It is specifically denied that tlw answering Dcli+ndant was in ownership of the premises known as Triangle Car Wush, Inc., loaded nl 22:t2 Uld Gettysburg Road, Carnp Hill, Cumberland County, Pennsylvania, 1701 I, f)n th0 contrary, said llefendant was a lessee of said premises. The Defendntd is unccrlain as to the definition of the term "responsible for the maintenance" of said premises, and therefore this allegation is denied, The balance of the allegations conlnin0d in parngntplt 10 of Plaintiffs Complaint are admitted. 11. Denied. The allegation contained in paragraph 11 of Plaintiffs Comphint contains n legal conclusion to which no responsive pleading is required. 1?.. Denied. 13, Denied. 14. Denied. I5. Denied. After rcasonnble investigation, the tmswcring Defmtdanl is willurut knowl0dgo or information sufficient to form a belief as to dhc Inch or veracity of the ullogutions contained in paragraph 15 of PlaintitTs Complaint and the some arc dcented denied pursuant to the Pennsylvania Rules ~f Civil Procalurc, COUNTI NEGLIGENCE MARIL,YN SHULTZ v, ANGELA MILONOPOULOS. et al.. f/d/b/a LOWER ALLEN SHOPPING CENTER 1G. The answering Defendant incorporates its answers to paragraphs 1 through IS above as if fully set forth at length herein. 17-26. Tho allegations contained in paragraphs 17 through 2t of Plaintiff s Complaint are directed to a defendant other than the answering Defendant, and therefore, no response is required. WHEREFORE, Defendant, Triangle Car Wash, hoc. demands,judgment in its favor and against the Plaintiffs together with costs of suit. COUNT II NEGLIGENCE MARILYN SHULTZ v. MICHAEL INTRIERI. et al., t/d/b/a STEPHENSON'S TIRE 8i SERVICE CENTER 27. The answering Defendant incorporates his answers to paragraphs 1 through 26 above as if ' fully set forth at length herein, 28-37. The allegations contained in paragraphs 28 through 37 of Plaintiff s Complaint are directed to a defendant other than the answering Defendant, and therefore, no response is required. WHEREFORE, Defendant, Triangle Cur Wush, Inc. dernands judgment in its favor and ugainet tho Plaintiffs together with costs of suit. COUNT Ill NECL,-GF.NCE IVIARlLYN SHULTZ v. TRIANGLE CAR WASHY INC: 38, The answering Dofendant incorporates its answers to paragraphs 1 through 37 above as if fully set forth at length herein. 39. Denied, 4P. Denied. 41. (a) - (o) Denied. 42. Denied. ARer reasonable investigation, the answering Defendant is without knowledge or information cuff cient to form a belief as to the truth or veracity of the allegations contained in paragraph 42 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded. 43. Denied. ARer reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the troth or veracity of the allegations contained in paragraph 43 of Plaintiff s Complaint and the same are deemed denied and strict proof thereof is demanded. 44. Denied. ARer reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the troth or veracity of the allegations contained in paragraph 44 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded. 4S, Denied. Altar reasonable investigation, tho answering Dclondunl ix without knowledge or infornulion sufficient to form tr bcliefus to the truth or veracity ol'thc allegations contained in paragraph 45 of Plaintiffs Complaint and the same arc deometl Honied and strict proof thereof is denumded. 4G. Denied. ARer reasonable investigation, the answering Defendantrs without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 4G of Plaintiffs Complaint and the same arc deemed denied and strict proof thereof is demanded. 47. ...Denied. ARer reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 47 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded: 48. Denied. ARer reasonable investigation, the answoring Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 48 of Plaintiffs Complaint and the same are deemed denied and strict proof thereof is demanded. WFiEREFORF., Defendant, Triangle Car Wash, Ina demandsjudgment in its favor and against the Plaintiffs together with costs of suit. ,. , ~, cooler Iv LOSS OF CONSORTIUM MARTIN SHULT7. vsANCF.LA MILONOPOULOS. et ah, t/d/b/g,I,OWFR ALLEN SHOPPING C.F.NTEg 49. The answering Defendant incorporates herein by reference its answers to paragraphs i through 48 above as though more fully set forth at length herein. SU, Denied, After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph SO of Plaintiffs Complaint and the same arc deemed denied and strict proof thereof is demanded. S 1. Denied. Alter reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allogations contained in paragraph 51 of Plaintiff s Complaint and the same arc deemed denied and strict proof thereof is demanded. WHEREFORE, Defendant, Triangle Car Wash, Inc. demands judgment in its favor and against the Plaintiffs together with costs of suit. NEW MATTER 52, The Plaintiff s Complaint fails to set forth a cause of action upon which relief can be granted against the answering Defendant. S3. The Plaintiffs cause of action and/or right of recovery is barred or modified by the doctrine ofassumption of risk as applied in the Commonwealth of Pennsylvania. S4. If the Plaintiff, Marilyn Shultz, fell as alleged, the answering Defendant avers that the Plaintiffs claims era barred in whole or in part due to the Plaintiff's contributory and/or comparative negligenoe generally and in the following particulars, a. In negligently and carelessly foiling to ensure her balance; b. In failing to wear appropriate footwear; c. In wearing footwear that was in poor condition; d, In failing to watch where she was going; and, e. In failing to take the neccssa~y care and caution to walk without falling, WHEREFORE, Defendant, Triangic Car Wash, Inc. demands judgment in its favor and against the Plaintiffs together with costs of suit. NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d DIRECTED'f0 MICHAEL 1NTRIERI. Individually and t/d/b/a S'CEPHENSON'S TIRE & SERVICE CENTER AND .PAMELA 1NTRIERI, individuP~ and t/d/b a STEPHF.NSON'S TIFjE & SERVICE CENTER 55. The answering Defendant, Triangle Car Wash, Inc., hereby incorporates, by reference, all well pleaded averments and causes of action as stated by the Plaintiffs in their Complaint. Tho answering Defendant, Triangle Car Wash, Inc., denies all averments of liability, but if, upon adjudication of PlaintifFs cause of action, it is judicially determined that said Defendant is liable to the Plaintiffs, said liability being expressly denied, then said liability will have been caused or contributed to by the negligence, carelessness, and recklessness of co-defendants, Michael Intrieri, individually and t/d/b/a Stephenson's Tiro & Sorvico Center and Pamela Intrieri, individually and t/d/b/a Stephenson's Tire & Service Center for which claim is hcrchy made for contribution and/or indemnity. S6, As the direct and proximate result of the foregoing, co-defendants Michanl lntriori, individually and UdM/a Slephenson's'I'ire & Service Center and Pameln httrieri, individually and t/d/b/a Slophenson's 'l'ire & Service Center are alone liable to the Plaintiffs, or linblu aver to Defendant, Triangle Cur Wash, lac., or jointly and severally liable to the P1ainUffs, WHERE;FORF., Defendant, Triangle Car V/ash, Ina demands indemnity and/or contribution, as the court may deem appropriate in their favor and against co-defendants Michael Intrieri, individually and t/d/h/a Stephenson's Tirc & Service Center and Pamela Intrieri, dudividually and t/d!b/a Stephenson's'firc & Service Center and demands that said Defendants be found solely liable to the Plaintiffs, jointly and severally liable with the answering Defendant, or liable over to the answering Defendant, us in contribution or indemnity. Date: ~ - Z Z --`~9 By; ~1~~(~s~~ Grego Cassimatis, Fsquire Attorney for Defendant, Triangle Car Wash, Ina VERIFICATION I, ~,~2,~E h,A f(A,. ~ ,who is, JL'° ~ „~ti f ofTriangle Car Wash, Inc., a Defendant herein, verify that I am authorized to execute this verification and verify thaCthe facts set forth in the foregoing Anawer with New Matter to Plaintiffs' Complaint are true cor ct to the best of my knowledge, Information and belief. This statemen ad s bJect to the penalties of 18 Pa. C.S.A. Section 4904 relating to uns~rn yyal ice onto authorities. Date: ~ ~/ S ,' ; a/'l . (.~~ -""~ -- ~~~K~rl~ rc'A'1'E OF' SERVICE ANn NOW, this ~~=~day of ~:c'~,~„uC~___, 1999, I, Gregory E. Cassimatis, Psquh'o, Allorney for Uefendimt, "triangle Car Wash, Inc„ hereby certify that 1 served a Dopy of the within Answor, New Mauer, and New Matter pursuant to 1'a.R.C,P, 2252 (d) to Plaintiff s Complaint on this date by depositing same in the lJnited States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: W. Scott Henning, Esquire Handler, Wiener, Henning Nc Rosenberg 319 Market Street PO Box 1177 Harrisburg, PA 17108 Angela Milonopoulos Lower Allen Shopping Center 2202 Old Gettysburg Road Camp Hill, PA 17011 "thomas S. Ntzanis George S, Ntzanis Lower Allen Shopping Center 2202 Old Gettysburg Road Camp Hill, PA 17011 Michael Intrieri Pamela Intr•ieri Stephenson's Tire & Service Center 2236 Old Gettysburg Road Camp Hill, PA 17011 oats; 2 Zz ^_ •- _•~ Grego ,. Cassimatis, Esquire Aerlon ~C'I immol 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attomcy LD. I:49619 ~ ~ ~' ~a 7 _N i .r i r r ~ - {. i. ~7 rn cry ~a , u MARTIN SfiULT7, and MARILYN SHUL,TL, husband and wife, Plaintiff's v. ANGELA MILONOPOULOS, individually and Ud/h/a LOWER AL,LIiN SHOPPING CEN'I'F,R,'I'HOMAS S. N'f1.ANIS, individually and t!d/b/a GOWER ALLEN SHOPPING CENTER, GEORGE S. NT"LAMS, individually and tld/h/a LOWER ALL,IN SFIOI'PINCr CENTER, MICI IAEL INTRIERI, individually and f/d/b/a ST'F;PHENSON'S 'CIRF, & SERVICE CENTER, PAMELA 1NTRIER[, individually and t/d/b/a STEP}iENSON'S'I'IRE & SERVICE CENTER and TRIANGLE CAR WASH, lNC„ Defendants ; IN THE COURT OF COMMON PL~AS~"'" Cl1MBERLAND COUNTY, PENNSYLVANIA NO. 99-93 CIVIL. JURY TRIAL DEMANDED CIVIL ACTION -LAW ENTRY OF APPEARAI~"E_ 'CO THE PRO'CHONO'I'ARY: Please enter my appearance on behalf of Lower Allen Shopping Center Defendants, in the above-captioned case. MARSHALL, DENINEHEY, WARNER, CO[,IrMAN & GOGGIN BATE: ~ I~~C~ ' iARON M. OO DONNELL, ESQi.JIRE 100 Pine Street, 4th Floor Harrisburg, PA 17101 LD. No. 79457 (717)231-3791 ATTORNF,YS 1'OR LOWER ALLEN SHOPPING CEN"CER DEFENDANTS MAR'CIN SLlUL7"1, and MARI[,YN SHUL7'7., husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN[A NO, 99-93 CIVIL, v. ANGELA MILONOPOULOS, individually and UdPo/a LOWER ALLEN SHOPPING CENTER, THOMAS S. NTZANIS, individually and 1/d/b/a LOWER ALLEN SHOPPING CF,N"I'ER, GEORGE S, NTZANIS, individually and t/d/b/a LOW(/R ALLEN S1i01'PING CENTER, MICHAEL INT'KIERI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER, PAMELA INTRIERI, individually and Ud/b/a STEPHENSON'S TIRE Bc SERVICE CENTER and TRIANGLE CAR WASH, INC., Defendants Jl1RY TRIAL DEMANDED CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby ce~lify that I, Sharon M. O'Donnell, an associate with the~aw firm of Marshall, f Dennehey, Warner, Coleman & Coggin, hereby certify that on the ~ day of February, 1999, a copy of the foregoing Entry of Appearance was sent via U.S. First-Class Mail, postage prepaid, to the following: W. Scutt Henning, Esquire HANDLER, WIENER, KENNING & ROSENI3ER(i 319 Market Street P,O, Box 1177 Harrisburg, PA 17108 Robert Lerman, Esquire GRIFFiTH, STRICKLER, LERMAN, SOLYMOS ftc CALKINS 110 South Northern Way York, PA 17402-3737 ... ~~; ~ ,. ~, )- . ~~yF i~. i J Jai . ,. . .; ~~ Cu'~ , rc~ ,c. ;.iii IN THE COURT OF COMMON PLEAS OF CUMdF,RLAND COUNTY, PENNSYLVANIA MARTIN SHUL'1'Z and ; MARILYN SIIULTZ, husband and wife Plaintiffs Civil Action -Law v. ; . No.99-93 ANGELA MILONOPOULOS, individually , and t/d/b/a LOWER ALLEN SHOPPING ; CENTEN, THUMAS S, NTZANIS, , Individually and t/d/b/a LOWER ALLF,N , SHOPPING CENTER, GORGE 5, , NTZANIS individually and t/tl/b!a ; LOWER ALLEN SHOPPING CENTER, MICHAEL INTRERI, individually and ; t/d/b/a STEPHENSON'S'PIRE & SERVICE. CENTER, PAMELA [NTRERI, , individually and f/d/b/a ; STEPHENSON'S TIRE & SERVICE ; CENTER and '1'RIANGLF, CAR , WASH, INC. ; Defendants ; IdOTICF, TO PLEAD TO; Martin Schultz and Marilyn Schultz c/o W. Scott Henning, Esquire .HANDLE, WIENER, HENNINCi & ROSENE3ERG 319 Market Street, P.O. Dox 1177 Harrisburg, PA 171GR You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a,judgment may be entered against you, IN THE COURT OF COMMON PLEAS OF CUMHERLANU COUNTY, PENNSYLVANIA MARTIN SHUL'1'Z and MARILYN SHUI; I"L, husband pnd wife Plaintlffa v, ANGELA MILONOPOULOS, individually and t/d/b/a LOWF,R ALLI,M SHOPPING CENTER, TFIOMAS S. NTZANIS, individually and t/d/b/a LOWF,R ALLEN SHOPPING CENTER, GORGES. NTZANIS individually and t/~Ub/a LOWER ALLEN SHOPPING CENTER, MICHAEL INT'RF.RI, individually and t/d/b/a STEPHENSON'S TIRE & SF,RVICE CENTER, PAMF,LA INTRF,RI, individually and t/d/b/a STEPHENSON'S T[RE & SF,RVICF. CENTER and TRIANGLE CAR WASH, INC. Defendants Civil Action -Law No.99-93 AND NOW, TO WIT, this S~ day of ` ~a..c.~~ , 1999, come the Defendants, Michael InU•eri, individually and t/d/b/a Stephenson's Tire & Service Center, and Pamela Intreri, individually and UdPo/a Stephenson's Tire Rc Service Center, by and through their counsel, (iRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and Charles B. Calkins, Esquire and Thomas B. Sponaugle, Esquire, and file this their Answer and New Matter to Plaintiffs' Complaint, whereof the following is a statement: 1, Admitted. 2, Denied, At1er reasonable investigation answering Defendants are without knowledge or information sufficiont Io form a belief as to the truth or veracity of the allegations and same arc denied and atriot proof thereof dcmandud. 3. Denied, After reasonable invcstigtrtion answering Del'cndnnts arc without knowledge cir information sufficient to form a belief as to the truth or verfrciq~ ol'the allegations and same are denied and strict proof thereof demanded. Q. nenicd, After reasonable investigation tmswcring Defendants are without knowledge or information sufficient to form a belief as -o the truth or veracity of the allegations and same are denied and strict proof thereof demanded, 5, Admitted. 6. Admitted. 7, Donied, After reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof' demanded. R. Denied, After reasonable investigation answering llefcndants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied. and strict proof thereof demanded, 9, Admitted, 10. Denied. After reasonable investigation tmswcring Defendants are without knowledge or information sufficient to farm a belief as to the truth or veracity of rho allegations and same arc denied and strict proof thereof demanded. I I, Denied, After reasonable investigation answering Ucfendants are without knowledge or inforn~ation sufficient to form a belief as to the truth or veracity of the allegations and same arc 2 domed and striot proof thereof demandcd• 12• Admitted and denied. It is admitted that there is u mactrdam divider located In the parking tat between Ucfcudrmt Stephenson's'I'irc (;enter and Dcfcudant'1'rianglc Car Wash, Inc.. '17rc rcrnaining allugutions contained in paragraph 12 nre denied because after reasonable investigation answering Defendants without knowledge or information sufficient to form a beliefas to the truth or voracity of the allegations and sumo are denied and strict proof thereof demanded. 13. Denied. The nllcgutions contained in paragraph 13 are denied us conclusion of law to which no response is required. To the extent a response is required, Defendant is without knowledge or infarrnation sufficient to forma belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demandcd. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the Uuth or veracity of those allegations and same are denied and strict proof thereof is demandcd. I5. Denied• After reasonable investigation, Defendant is without knowledge or information sufficient to form a bolief as to the truth or veracity of those allegations and scone are denied and strict proof thereof is demanded. COUNTI-NEGLIGENCE ~~131LY1V SCHULTZ v ANGELA MILONOPOUL.QS, g.~,al. f/d/b/a LOWER ALLEN SHOPPING CENTER 16• Answering Defendants incorporate by reference their responses to paragraph 1 through 17.26. Paragraphs I T through 26 are directed to another Defendant and wi l l not be responded to by the answering Defendants. WNEiRCsF~ORFi, Defendant Michael Intreri, individually and trading and doing business as Stephenson's'fire &; Service Center and Pamela Intreri, individually and trading and doing business as Stephenson's Tire & Service Center, respectively request this honorable Court to enter judgment in their favor and against the Plaintiffs, together with interest plus cost of suit. COUNT II -1~ECLIGENCE MARILYN 5CHULTZ v MICHAEL INTRF,RI. e~ t/d/b/a STEPHENSON'S TIRE & SERVICE CENTER 2T. Paragraphs I through 26 of this response are hereby incorporated herein by reference as thatgh sot forth in full. 28. Denied. It is specifically denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due care under the circumstances and wore not negligent in any manner. The remaining allegations. contained in paragraph 28 are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same arc denied and strict proof thereof is demanded. 29. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 29 and same are denied araf strict proof thereof is demanded. 4 30. Denied, It is specifically denied that the Defendants were negligent, generally and more specifically as set forth below; a• In allowing the Defendants' ptrrking lot to contain u hidden macadam divider, obstructed from view by tall grass and weeds that were growing on either side of the divider, thereby posing an unreasonable risk of injury to the Plaintiff and the other persons walking through said parking lot; b. In failing of making a reasonable inspection bf said parking lot (which inspection would have revealed the existence of the dangerous condition posed by the hidden macadam divider), thereby allowing the same to remain in a dangerous condition when the Defendants knew or should have known of iG c. In failing to maintain the parking lot, the Defendants knew or should have known of the dangerous condition, or to take other precautions to prevent injury to the Plaintiff and the other persons in the parking lot; d. In failing to warn of the dangerous condition posed by the hidden macadam divider, the Defendants knew or should have known of it; and e. Failing to paint the macadam divider or otherwise install a divider of different color or material from that of the surrounding area so that it would not blend into the surrounding area, imposed a threat to persons walking upon the premises. Qn the contrary, at all times relevant hereto, Defendants acted in a careful, .lawful and prudent mannerwith due care under the circumstances and were not negligent in any manner. 'fhe remaining allegations in paragraph 30 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a beliel'as to the truth or veracity of the allegations contained in paragraph 29 and same are denied fmd strict proof thereof is demanded. 31. Denied. It is specifically denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due care underthc circumstances and were not negligent in any manner. 'fhe remaining allegations contained in paragraph 2t3 are denied. ARer reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. 32, llenied. It is specifically denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due care underthc circumstances and were not negligent in any manner. The remaining allegations contained in paragraph 28 are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof' is demanded. 33. Denied. It is specifically denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due care under the circumstances and were not negligent in any manner. The remaining allegations contained in paragraph 28 arc denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same arc denied and strict proof thereof is demanded. 34. Denied. It is specifically denied that answering Defendants were negligent for the accident at issue. On the contrary, answering Defendants acted in a careful, lawful, and prudent 6 ,manner with due care undurthe circumstances and were not negligent in any manner. The romaining allegations contained in paragraph 2R are denied, A(icr reasonable investigation, Defendant is without knowledge or information sufficient to form u belief tts to the truth or veracity of the allegations and same ttrc denied and strict proof thereof is dcrn~mded. 35, Denied. It is specifically denied that answering Defendants were negligent fnr the accident at issue. bn the contrary, answering Defendants acted in a careful, lawfid, and prudent matmer with due care undertho circumstanecs and were not negligent in any manner. The remaining allegations contained in paragraph 28 are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief' as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. 36, Denied. .After reasonahlc investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. 37. Denied It is specifically denied that answering Defondants were negligent for the accident at issue. Qn the contrary, answering Defendants acted in a careful, lawful, and prudent manner with due care undertho circumstances and were not negligent in any munnec The remaining allegations contained in paragraph 2R are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations and same are denied and strict proof thereof is demanded. WI IEiREI70RE, Defendants Michael Intreri, individually and trading and doing business as Slephenson's "fire & Service Center and Pamela Intreri, individually and trading and doing business as Stephenson's'1'ire & Service Center, respectfully request this honorable Court to enterjudgment 7 in their favor at-d against the Plaintiff, together with interest plus cost ot'suit. ~~YN SCHUI.TZ V. TRIANGLE CAR rASH.~I~,, 38. Paragraphs 1 through 37 ofthis response are incorporated herein as those set Earth in full. Paragraphs 39 through 48 arc directed toward a Defendant other than the answering Defendants, and no response is necessary. W}IEREF<)RE, Defendants Michael Intreri, individually and trading and doing business as Stephenson's Tire & Service Center and Pamelai Intreri, individually and trading and doing business as Stephenson's Tire & Service Center, respectfully request this honorable Court to enter,judgment in their favor and against the Plaintiff, together with interest plus cost of suit. ~QUNT IV -LOSS OF' CQNS(_)R'TIUM l1~RTIN SCHULTZ V ANG)H;~,g~t lYO pPOULU5., Qt aI. tLLL~WER ALLEN SHOPPIN(; CENTER 49. Paragraphs I through 49 of this response are incorporated heroin as though set forth in full, SU. Denied, It is specifically denied that Michael Intreri and Pamela Intreri each individually and trading and doing business as Stephcnson's Tire & Service Center were negligent in any manner. B On the contrary, at all times relevant hereto Michael Intreri and Pamela Intreri each individually and trading and ding business as Stephcnson's'I'ire & Sewice Center acted in a reasonable, lawful, and proper manner with due care under the circumstances and were not negligent in any mannor. The remaining allegations of paragraph 50 are denied because after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of those allegations and same arc denied and strict proof thereof is demanded. 51. Denied. It is specifically denied that Michael Intreri and Pamela Intreri each individually and trading and doing business as Stephcnson's Tire & Service Center were negligent in any manner. On the conG~ary, , at all times relevant hereto Michael Intreri and Pamela Intreri each individually and trading and doing business as Stephenson's Tire & Service Center acted in a reasonable, lawfid, and proper manner with due care under the circumstances and ware not negligent in any manner. 'fhe remaining allegations of paragraph 50 arc denied because after reasonable investigation, answering Defendants are withouLknowledge or information sufficient to form a belief as to the truth or veracity of those allegations and same are denied and strict proof thereof is demanded. WHF,RLFORE, Michael Intreri and Pamela Intreri, each individually and trading and doing business as Stephenson's'Cire ryC Service Center, respectfully request this honorable Court to enter judgment in their favor and against the Plaintiff, together with interest plus cost of suit. ay way of further answer, answering Defendants assert the following: 9 NF.W MA7'T,J~ S1. Paragraphs 1 through 51 hereofare incorporated herein by reference as though set forth in full, 52. Plaintiffs' Complaint fails to state a cause of action by which relief may be granted. 53, Plaintiffs' Complaint may be barred by applicable statute of limitations. 54. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than the answering Defendants and over whom the answering Defendants had no responsibility or right or control 55, Plaintiffs' injuries and damages, if any, were caused solely and diroctly as a result ol'the negligence of the Plaintiff, Marilyn Schultz, which negligence consisted of the following: a. Failing to keep a proper lookout For where she was walking. b. Failing to wear proper footwear. a, Failing to use an appropriate crosswalk. Sti. Plaintiffs failed to mitigate their damages. 57. Plaintiffs claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because of the negligence of Plaintiff Marilyn Schultz. 58. Plaintiff Marilyn Schultz assumed the risk ~Pher own injuries. WI IEREFORG, Michael Intreri and Pamela Intreri, each individually and trading and doing business as Stephenson's Tirc & Service Center, respectfully request this honorable Court to enter judgment in their favor and against the Plaintiff, together with interest plus cost of suit. 10 60. Paragraphs I through 60 hereof are incorporated herein by reference as those set forth in full. 61. Liability on the part of answering Defendants Michacl Intreri and Pamela Intreri each individually and trading and doing business as 5tephenson's'1'ire & Service Center is specifically.. denied. If the averments contained in Plaintiffs' Complaint, said averments being specifically denied as they may relate (e answering Defendants, the injuries and damages complained of were caused solely or in part by Defendants Angela Milonopoulos, Thomas Nztanis, and Gorges Nztanis each individually and trading and doing business as Lower Allen Shopping Center and Triangle Car Wash, Inc. 62. In the event of finding liability against answering Defendants Michael Intreri and Pamela Intreri each individually and trading and doing business as Stephenson's Tire & Service Center, which liability is specifically denied, answering Defendants hereby assert their full rights to indemnification and contribution against Defendants Angela Milonopoulos, Thomas Nztanis, and Gorges Nztanis rach individually and trading and doing business as [.ower Allen Shopping Center and Triangle Car Wash, Ino, on the basis that Angela Milonopoulos, "fhomas Nztanis, and Gorges Nztanis each individually and trading and doing business as Lower Allen Shopping Center and Triangle Car Wash, Inc, are alone liable, liable over, orjointly and severally liable to the Plaintiffs. WNERIsPORl3, answering Defendants Michacl Intreri and Pamela Intreri caoh individually and trading and doing business as Stephenson's Tire & Service Center, respectfully request this honorable Court to enterjudgment in their favor and against the Plaintiff's, Inijially, the answering Defendants respectfully roqucst that uny,judgment in favor of the Plaintiffs be entered solely against Defendants Angela Mitanopoulos, Thomas Nztanis, and Gorges Nztunis each individually and trading and doing business as Lower Allen Shopping Center and Triangle Car Wush, Inc. In the nltcrnative, Michuef Intrieri and Pamela Intrieri each individually and trading and doing business as Stephcnson's Tire & Service Center, demands that in the event.judgment is entered against them, any liability on their part being specifically denied, sErid judgment should be entered jointly and severally against Dcfendtmts Angela Milonopoulos, "Thomas Nztanis, and Gorges 1•J•rtanis carh individually and trading and doing business as Lower Allen Shopping Center, together with answering Defendants Michael Intrieri and Pamela Intrieri each individually and trading and doing business as Stephcnson's'1'h~e & Service Center or that Defendants Angela Milonopoulos,'I'homas Nztanis, and George Nztanis each individually and trading and doing business as Lower Allen Shopping t:'enter and "Triangle Car Wash, Inc, be held liable over to answering Defendants Michael Intrieri and Pamela Intrieri each individually and trading and doing business as Stephenson's Tire do Service Center for contrihution and/or indemnity. Respectfully Submitted, GRII~pITH, ST'RICKI,fsR, L.f:RMAN, SOLYMOS & CAL,KINS / ~ BY ~ ~~--r - CHARLT:S E3. CN Attorney for Uetendanm Supreme Court LD. No. 36208 10 South Northern Way York, PA I'74U2 Telephone No, (7I7) 757-'7602 12 tyER1.II~ICA'1'E OF CFRV( AND NOW, this 'day of ~%1~~.~-x,,,1999, I, Charles B. Calkins, Esquire, a membar of the firm of GRIFFITFI, STRICKLL'R, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that 1 have, this date, served a copy of the Notice to Plead and Defendant, Michael [ntreri, individually and t/d/b/a Stephenson's 'fire & Service Center and Pamela Intreri, individually and t/d/b/a Stephenson's Tire & Service Center's Answer and New Matter to Plaintiffs' Complaint by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Gregory E.Cassamatis, Esquire HANDLE, WIENER, HENNING & HEREON & TIMMF..L ROSENBERG 4999 Louise Urive, Suite 103 319 Market Street, P.O. Box 1177 Mechanicsburg, PA 17055 Harrisburg, PA 17108 Sharon M. O'Donnell, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 100 Pine Street, 4'^ Floor P.O. Box 803 Harrisburg, PA 17108.0803 ~9°r~~kr°~'~~Y~a~a, Y~~ "may ~° `aQ~~s' a G°~e°~ uQ° 0ua\`\0s °~ `Q°s ~0 Nee sube°~~O~~c p ° f0<e6 `CSt~Oo `VOiS`l~~st``0f 'f~~s~0t`u,°~u~h°~~~tes. ~r~O~~d°u ~a~ ~`u`s,~`cs"° u'~ t°~u~~o6~0 Q ~- I,I~'~. ~ ~ I ~` ~~,{ A~ h~ ~ i z,I,un1 ' 0 ~ .~, r ~~. ~ - `~~ N MARTIN SHULTZ and MARILYN SHULTZ, hu9band and wife, Plalnflffa vs, ANGELA MILONOPOULOS, individually and t/d/b!a LOWER ALLEN SHOPPING CENTER, THOMAS S. NTZANIS, individually and t!d/b/a LOWER ALLEN SHOPPING CENTER, GEORGE S, NTI.ANIS, Individually and t/d/b/a LOWER : ALLEN SHOPPING CENTER, MICHAEL INTRIERI, Individually and t/d/b/a STEPHENSON'S TIRE & SERVICE CEN'(ER, PAMELA INTRIERI, individually and tld/b/a STEPHENSON'S TIRE & , SERVICE CENTER and TRIANGLE CAR WASH, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : N0. 99.93 CIVIL : JURY TRIAL pEMANDED CIVIL ACTION -LAW. CERTIFI ATE~f SERVICE ~~~ On the _~,_ day of ~ ~-~_f-~' . 1 g99, I hereby certify that a true and correct copy of PlalntifPa Reply to New Matter was served upon the following by depositing In the U,S, Mail; Charles B. Calkins, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, Pannaylvania 17402-3737 Sharon M. O'Donnell, Esq, Mersheil, Dennehey, Werner, Coleman & Oogpln 100 Pine Street, 4th Floor PO Box 803 Harrisburg, PA 17108.0803 Date: ~ ~ / S1 7~ Gregory E, Cassamatls, Esq, Berton & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 1 %066 ROSENBERG By .. --__~ W. Scott Henning, Eaq 319 Market Street P.0, Box 1177-' Harrisburg, PA 17108 (717) 238.2000 ATTORNEY FOR PLAINTIFF i •k r-' ~- • + fY ~C, ~r, ~ (< ~ '` < ~ (,~ i , ~ n ~ (4' fY ~~ ~;.« ,, :a ~. ., SHULT2 SH sban aar ~ WgfRa1LYN Plaintiffs v. ANGELA MILONOPOULOS, individually and tldlbla LOWER ALLEN SHOPPING CENTER, THUMAS S. NTZANIS, individually and tldlbla LOWER ALLEN SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/dPola LOWER ALLEN SHOPPING CENTER, MICHAEL INTRIp.RI, individually and tldlbla STEPHENSON'S TIRE & SERVICE CENTER, PAMELA INTRIERI individually and tldlbla STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASH, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy', PENNSYLVANIA N0. 99.93 CIVIL ~; JURY TRIAL DEMANDED ~; CIVIL ACTION -LAW PIA ,T~e~~~ R PLY TQ N~VV 11AAT ~ ~~-~-~r~~~~~~~- her husband by AND NOW, come Plaintiffs, Marilyn Shultz and Martin Shultz, onds to and through their attorneys, HANDIER, YENNING & aOeEaBE~ ows'd rasp Defendant 'triangle Car Wash's allegations of New M h 52 Is a conclusion of law 52.. Dented. The allegation set forth in Paragrap hick no responsive pleading is required, however, to the extent that tho tow It is denied that the Plaintiffs' Honorable Court deems a response necessary, on which relief can be granted against Complaint fails to set forth a cause of action up is dernanded at the trial In this the answering Defendant, and proof to tho contrary matter. 63. Denied, The allegation set forth In Paragraph 53 la a conclusion of !aw to vvhieh no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' cause of action and/or right of recovery is barred or modified by the doctrine of assumption of risk as may be applicable in the Commonwealth, and proof to the contrary is demanded at the trial in this matter. 54. Denied, The allegation set froth In Paragraph 54 is a conclusion of law to which no responsive pleading is required, however, to the extant that the Honorable Court deems a response necessary, it is denied that the Plaintiff, Marilyn Shultz's claim should be barred in whole or in part due to Plaintiff's contributory andlor comparative negligence In any of the particulars as sat forth in subparagraphs a through e. More specifically, it is denied that Plaintiff Marilyn Shultz was negligent ar careless in failing to ensure her balance; that she failed to wear appropriate footwear; that she wore footwear that was in poor condition; that she failed to watch where she was going; and that she failed to tako tho necessary care and caution to walk without falling, Proof to the contrary is demanded at the trial in this matter. 55-56, The allegations contained in Paragraphs 55 and 66 of the Answer with New Matter of Defendant Triangle Car Wash, Inc, are directed to a party other than the Plaintiffs, and hence, no response Is required. By way of further answer, it is averred that the allegations set forth in Paragraphs 55 and 56 are legal conclusions to which no responsive pleading is required, 2 t pefendantTr1an91e far Washy ment agalns andlud9 WHEREFO'SE~ Plalntlffa d©m or the rellet set forth In their CamPlalnt' Ins ~ f Submitted Respecffully -,ER~ HENNING ~ ROSENBER© NAND /~~ f `~_~~ -ire W.p. #32298 319 Mark 1 Stre P•O•Sox PA171p8 ~larrlsbur ;2000 X717) 23 for Plaintiffs Attorney 3 1 VBRIPICATICtN The undersigned hereby verifies that the statements in the foregoing REPLY TO NEW MATTER are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. 1'he ianguoge of the above-named REPLY TO NEW MATTER is of counsel and not my own. I have read the REPLY TO NEW MATTER and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the consents of the REPLY TO NEW MATTER is that of counsel, I have relied upon my counsel in making this verification. 'the undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P, 2252(d) C.S, Section 4904, relating to unsworn falsification to authorities. - n /\ i ~L~ SHULTZ ,I - SHUL' Date; ,.S' .. Sr' 7 9 ~_ .~ . ,. r• ,- cr r, f , ~.,,,, _ , % ~ rl~-~ ,~ . , '~~ ~ rx' r uifi~ ~ . ~ ~ 1110. H.. ~_ " u: ~r~ 7 ('; u~ Ca MAR'T'IN SHl1LT% and MARI[,YN SI IUL 1'7„ hushand and wife, Plaintiffs v, ANG131.A ,'v11LONOPOl1LOS, individually and t/d/h/a LOWI;}Z AI,I.I1.N SHOPPING CEN'I'IiR, 'I'I IOMAS S, N'I'7,ANIS, itadividuully and t/d/h/a LOWER AL,L,1'sN SI1O1'I'IN(i CI?,N'f}iR, OEORGI3 S. N'f/,ANTS, individually and t/d/h/a LOWER ALLEN S}IOPI'ING CEN"}'GR., R1ICIIAEL. INTIZIGRI, individually and t/d/b/a S'I'1;1'I IENSON"S TIRE & SERVICE CI:N'I'I?,IZ, PAMELA IN'fR1131t1, individually and t/d/h/tt S"1'GPHGNSON'S'f[ItE & SERVICE CIN'1'ER and °I'RIANGL,E CAR W,ASIi, INC., Dclcndants : IN 'I'I Ifi COl1R"f OI' COMMON I'LCiAS -~ ('l1M}(}iRLANU COl1N'I'Y, I'ENNSYL.VANIA NO. 99-93 CIVII, ,IURY'I'RIAI, D}iMANDED CIVIL, AC'T'ION -LAW NO'~ICG TO PLEAD To PLAINTIFFS; MARTIN SI Illl; I'% and MARIL,YN SI IIII; I"!, To DF,FF,NDAN'1'S: MICIIAEI. IN'I'RII?R1, individually and Ud/h/a S'1'EPIIENSON'S 'PIRG & SG;RVICfi CIiN'I'IR, PAMIiI,A IN'1'IZII?RI, individually tool t/d/h/a STG}'I IINSON'S'flRli & S}?RVICE C;I?N"I'll.lt and "fRIANGLI{ CAR WASII, INC.. You »rc hereby notified to plc»d to the enclosed New M»ttcr within twenty (20) days from service hercofor» def»ult judgment m»y be tiled ag»inst,you. MARSI-TALI„ I)fiNNl?liliY, WARNER, CO).(iMAN 1L GO(i(iIN (,, l,_. DATI?,D; ~~t~~ I / _~_ ~ IARON M. O )ONNI 1 I , ESQ, )0 Pinc Strccl, 4th I~loor .O. I3ox 8(13 I arrishurg, PA 17108-(18(13 U, No. 79457 (717) ;?31-3791 MARTIN SI lUt; l"!, and MARILYN SI IUL'1'7, husband and wife, Plaintiffs v. ANGELA MILONOPOUI,OS, individually and t/d/b/a LOWLiR AL,LIN SIlO('PING CF:N"fER, '1'LIOMAS S. N'f2,AN15, individually and t/d/b/a LOWF;R ALLEN SHOPPING CENTER, GEORGI S. NfZANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, MICHAEL INTRIERI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE' CENTER, PAMELA INTRIERI, individually and t/d/h/a ST'EPHENSON'S'fIRE & SERVICE? CENTER and 'TRIANGLE CAR WASH, INC., Defendants IN `I'1 iE COURT OI' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-93 CIVII. ,IURY'I'RIALDEMANDI3D CIVIL AC'I'fON -LAW . ANSWTI2 WITH NEW MATTF.k (~ BEHALF OF UEFENDANTS._ AN__GE1.,A MILONOPO 1,>~LOS, THOMAS S, NTZANIS, GEORGE S. NT'TAN(S i i idu I,1~i and t/d/b/a LOWER ALLEN SHOPPING CENTC~. TO PLAINT'IFFS' COMPLAINT AND NOW, comes the Defendunts, Angelfi Milonopoulos, `T'homas S. Ntranis, George S. Ntzanis, individually and t/d/b/a Lower Allen Shopping Center, (hereinal'ier "[,ower Allen"), by and through their attorneys, MARSIIAI,I„ DIiNNE[iliY, WARNER, COLEMAN &. GOGGIN, and make answer to Plaintiffs' Crnnnlaint, asserting the liillowing; Denied. After reasonable investigation, the Answering Dclcndants are without knowledge and information sufficient to liu•m a hclief ns to the truth of the averments of paragraph I of Plaintiffs' Complaint. Strict proof thereof is demnndcd ut trial, if relevant. 2. Admitted. 3, Admitted• Q. Admitted• 5 - 7 . The allegations and averments of paragraphs S - 7 of Plaintiffs' Complaint arc not directed to the answering Defendants, and no response is made thereto, g. Denied. It is specifically denied ihrd at all times material hereto, Defendants, Milonopoulos, 'I•homas S• Ntzanis, sand George S. Nizanis, were in ownership, possession, control and responsible for the maintenance of the land and common areas of the Lower Allen Shopping Center located along Old Gettysburg, Camp Bill, Cumhcriand County, Pennsylvania, 17011 • To the contrary, Defendant, Milonopoulos and Nt~anis were in ownership alone of the land and common areas of the Lower Allen Shopping Center, located along Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania, Possession, control, and responsibility Ibr the maintenance of variass portions of the land and common areas nl' L,owcr Allen Shopping Center, rested with others, either Defendants in this proceeding or entities not made parties to this proceeding. 9• - 10. The allegations and averments of paragraphs 9 -- 10 of Plaintiffs' Complaint arc not directed to the answering Dclendant, and no response is made thereto, 11. Denied pursuant to the provisions of 1'.A.R.G.P, I019(c). 12• Dcnicd. Alter reasonable investigation, the answering Defendants are without knowledge or information sufficient to form a hclief as to the truth of the averments of paragraph 12 of 1'faintiffs' Complaint, Strict proof thereof is demanded at trial, il'relcvanl. 13. Denied pursuant to the provisions of P.A.R.C.P, 1029(0), 14. Denied. '1'hc factual allegations and nvorment~ ol'puragraph 14 of Plaintiff s Cornplnint arc denied by the answering Defendants in that, cd'ter reasonable Invcstigtttion, the answering Defendants are without knowledge or information suliicicnt to lirrm a belief as to the truth of the averments of paragraph I4 of Plaintiffs Complaint. The remaining allegations of Plaintiffs' Cornplnint are denied pursuant to P.A.R.C.P. 1029(c). Strict proof thereof is demanded at trial. 15. A(ier rcason~hlc investigation, the answering Defendants arc without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 15 of Plaintiffs' Complaint. Strict proof thcrcof is demanded at trial. COUNT I ,IyEGLICGNCE MARILYN SHULTZ V, ANGELA MILONOPOUL05 et al t!d!b/a LOWER ALLF,N SHOPPING CENTF.K 15. The answering Defendants, Milonopaulos, et al., t/d/h/a Lower Allen Shopping Center, inwrporate by reference their responses to paragraphs I through 15, above as fully as if the same wherein set forth at length. 17. Denied pursuant to dre provisions I'.A.R.C.P. 1029(c). 1 R. Denied pursuant to the provisions of P.A.R.C.P. IQ29(c). 19. Denied pursuant to the provisions of P,A.RC.P, 1029(e), and more specifically: (a.) It is specifically denied that the Lower Allen Defendants allowed tall grass to grow around the subject macadam divided to the extent that it created nn unrcasonahle risk of injury to the 1'lalntiff or others walking through said parking lot; to the contrary, the responsibility tilt trimming the ol'tending grass, helonged to co-Dci'undmtt, Stopheneon's Tire or co•Dcfendant, •I'rianglc Car wash. (h.) It is specifically;lenicd that the Lower Allen Defendants failed to make a restsonable inspection of the parking lot, or irl particular, the parking lot area in which the macadam divider exists, sinco responsibility for cooking such inspections helonged to Stephcnson's "I'ire & Service Center or 'Triangle Car Wash. (c.) It is speeifictdly denied that the Lower Allen Defendants toiled to maintain the parking lot, that the Lower Allen Defaidants knew or should have known of any dangerous condition, or that !hc Lower Allen Defendants failed to take other precautions to prevenbinjury to the Plaintiff and to other persons in the parking lot. To the contrary, the Lower Allen Defendants had no responsibility to maintain the grass at the edge of the Stephenson's Tire parking lot inasmuch as they did not own, nor Ieilsc the Stephenson's 'l'ire parking lot. (d•) It is specifically denied that the Lower Allen Defendants tailed to warn of a dangerous condition posed by the hidden macadam divider, when they either knew or should have known of it. 'I'n the contrary, the Lower Allen Defendants do not own the properly upon which Stephenson's'I'ire is located, had no responsibility to maintain the grass abutting the "hidden maca(lam", and therclhrc, had no fluty to warn the Plaintiff, or other persons using the parking lot, of any dangerous condition created by Defendant, Stephenson's "I ire; (c.) I( IS $11CCIflI'(IIIy dCnIC(I Ulill the LOWI'r Allen Ucl'endunts tailed to paint the macadam divider or otherwise install a divider ofa different color and material from that of the surrounding area so that it would so that it woul(I not blend into the surrounding, and pose a threat to persons walking upon the promises, 'I'o the contrary, the Lower Allen Defendants had no duty to maintain the maceidnm divider so as to make it more obvious to persons walking through the parking lot. 20. Denied, ARer reasonable investigation, the answering Defendtmts are without knowledge or information sufficient to form a belief as to the averments in paragraph 20, of Plaintiffs' Complaint Strict proof lherecl' is demanded at trial 2 L Denied pursuant to the provisions of I'.A.R.C.P. 1029(e). 22. Denied pursuant to the provisions of P,A.R.C.P. 1029(e). 23, Denied pursuant to the provisions of 1'.A.R.C.P. 1029(e). 24, Denied pursuant to the provisions of P.A.R,C,P, 1029(e). 25, Denied pursuant to the provisions of I'.A.R.C,P. 1029(e). 26, Denied pursuant to the provisions of P.A.R.C.P. 1029(e). WHEREFORE, Lower Allen Shopping Center, demand •judgment in their favor, and against the Plaintiff, Marilyn Shuliz, together with interests and costs. COUNT 11 NF.GLIGGNCE MARILYN 5HIlLTL V. MICHAEL INTRIERI. ct al..~t/d/b!a STEPHENSON'S TIRE & SERVICE CENTER. 27. The answering Defendants, l,awcr Allen Shopping Center, incorporate hrrein by reference, their responses to paragraphs I - 2G of PlnintiR's' Complaint as tidly as if the same were herein set I'onh at length. 25, - 37, -The allegations and averments ofparagraphs 2R - 37 of Plaintiffs' Complaint are not directed to the unswuring Defendants, Amd no response is made thereto, C'OUN'1' III NF.(:LIGENCF, M~tILYN SHUL'PZ V. MICHAEL INTRIFRI et al.. l/d!b/a S'I'EPIiENSON'S TIRE & SERVICE. CENTER 38, 7"he answering Defendants, Lower Allen Shopping ('enter, incorporate herein by reference, their responses to paragraphs I - .37 of Plaintiffs' Complaint as fully as if the sarnc were herein set forth at length. 39, -- 4R. The allegations and averments of paragraphs 39 - 48 of Plaintiffs' Complaint are not directed to fhc answering Ucfendants, and no response is made thereto. COUNT IV LOS5 OF CONSORTIUM MARTIN SIiULTZ V. ANGELA MILONOPOULOS, et ah. t/d/b/a LOWER ALLEN SHOPPING CENTER 49. 'fhe answering Defendants, Lower Allen Shopping Center, incorporate herein by reference, their responses to paragraphs I - 4R of 1'IaintiftA' Complnint as fully as if the same were herein set forth at length. 50. - 51. Denied pursuant to the provisions of P,A,R.(:',P. 1029(c). W1113R13FORB, the answering Defendants, Lower Allen Shopping Center, hereby request -judgment in their favor and against the Plaintiff, Martin Shultz, together with interest and cost. L~F.w~L7'.. ~. S2. Plaintiffs' Complaint liills to state a cause of action upon which relief can he granted. S3. Plaintiff"s Complaint nary be harrc<I by the npplicahle statute of limitations. 54. I'laintift's injuries and damages, if any, were caused solely and directly as the result of individuals or entities other than the answering befardants, and over whom the answering Defendants had no responsibility or right to control. SS• Plaintiff's injuries and damages, if any, were caused solely and directly as the result of the negligence of the I'laintil'1•, Marilyn Shultz, in f?filing to use reasonable care to look out for her own safety. 56. Plaintiffs have failed to mitigate their dtnnages. S7. Plaintiffs' claims arc or may be barred or diminished pursuant to the provisions of the Pennsylvanra Comparative Negligence Act. Sta. Plaintiffs claims may or arc han•ed by her own assumption of the risk, S9. .Plaintiff is not a business invitee on any portion of the premises owned by the Lower Allan Defendants. 60. The Lower Allen Dcfcudants owed Plaintiffs no duty of care under the circumstances us alleged in Plaintiffs' (:omplaint. 61. I'laintif•fs' own negligence was the sole anti proxinude cause ol'hcr injuries and/or damages, if any, the same heing specifically denied by the I,owcr Allen Defendants. (i2• 'fhe Lower Allen Del'cminnts had neither actual nor canstruollve notice or knowledge ol•wiy defect or condition existing upon any of its premises, tmy defective condition being specifically denied, WI II?RIifORG, the Lower Allen Detendnnts respectfully requests this Honorable Court to enterjudgment in their favor and against the 1'Inintil•I•, together with interests and costs. NF.W MA'fTGR 1'URSU~iNT TO 1',A.R.C.P. 2252(dl nIRECTGD TO DF. ~F.NDA 'IN S•,1'RIANCLE CAR WASH anLl STEPIiGNSO1~S TIRE & SERVICE CEN7'F,R 63. The answering Defendants, L.owcr Allen Shopping Center, incorporate herein by reference, their responses to paragraphs I -- S I of Plaintiffs' Complaint without admission or adoption, (4. Defendants, Lower Allen Shopping Center, entered into tt lease agreement with the Defendant, Triangle Car Wash on .lanuary I, 1990, relinquishing control & responsibility for maintenance of the premises to "1•rianglc Car Wash, A true and correct copy of same is attached hereto and marked Exhibit "A". 65. Additionally, said Iease agreement provides liar protection and indemnification and identification as a named insured on its general commercial liability insurance policy to cover any event where the l,rnver Allen Defendants are sued for danrtges arising out of personal injury arising out of any occurrence in, upon or at the premises, occasioned by the tenant, 7•rinngle Car Wash's occupancy or use. 66. If it is judicially determined that the mrswcring Dcl•cndants, individually, and/or t/d/h/a I:ower Allen Shopping Center, me liahle to the Plaintiffs, which said liability is specifically denied, thou the answering l)clcndturts, Lowor Allen Shopping ('unto, hereby assert choir full rights to hrdcnuriticution amcl contribution against Dclondnnts,'I'rinnglc Cur Wash and Stcphenson's'I'irc ~ Scrvicc Ccntcr, un the basis tlra( said Defendants, individually, and Ud/b,/a Stephenson's'I'irc Rc Scrvicc ('enter urxi'friangle Cur Wush, arc almic liable, liable over, or jointly and serverally liable to the I'Inintiff's rni their utuac of action [rs alleged. WI IERGFOkIi, the answering Uefendnnts, individu,rlly and t/d/b!a Lowor Allen Shopping Center, respectfully requests this I Ionornble Court to unter•judgmcnt in their favor and against the Defendv)ts,'frianglc Car Wush and/or Stephcnsrni's'I'irc &Scrvicc Center, In the alternative, the answering Defendants demand that in the eventjudgment is entered against them, individually or t/d/b/u lower Allen Shopping Ccntcr, any liability on the part of said Defendant being specifically denied, then judgment should be caterjointly and severally against Defendants, Triangle Car Wash, Michael Intrieri, Pamela Intricri, individually and t!d/b/a Stephenson's Tire & Service Ccntcr, or that said Defendants be held liable over to the answering Defendants, Milonopoulos and Ntranis, individually and t/d/b/n Lower Allen Shopping Center, for contribution and/or indemnity. MARSHALI„ DENNEhIEY, WARNER, C(~1{i~V1AN do (i0(i(i1N [3Y: SH RON M. O~DONNI'sLl,, BSQ[11RE 1(10 Pinc StrcG, 4th I'ioor I Iar isburg,l'A 17101 LD. No. 7945% (71 )231-3791 A'('T'OR.NIiYS IY)R I,OWLR ALLEN ~' ~ ~ (q'q [~ SI101'PIN(i C I;NTt3R UI;~L'NDANTS DATE; / ` i c~ ~~~~~~, OP~~ er~s< S °pp»~G ~°~0t P\\et~ ~ et \OQ\e\~`\0 ~b° Je \\, P\\O~oeY \O~ d r~s P~g~ \O`+~~~~°~~~~ g of 1~QeG M OQo~re f ~\r00\0~~ ° \0d~0 ~r\ \repe~e\i`e ~N s~e(or `eG\¢ge\ o~ 0~\°\r0~ ~ g Jb~O°\ o \\he \re~ rep\\s v0~\\\09\re (g\~ug\O \r0d@P° a~~\°O~~\\e~. \a\r\e o\\~~g, \\°~\O ~°t(~P gr\e ~~e ~ `e\5\~~oa 9\a\e~ J~S~o~~ G ,/.3i y yi R / ~,• \r 1' a e. 4j .. • od ,/ ~/ •6/~/ ~ p 1 9" F G ~ • ,/ / ra ~,, 6 e O' EQ~ O .D 1 ~ O~ i 4"// ~ /~ '° °•. ~~ O ~+ 9 °'~i ~ v ~F ° °/ Oe ai °4 t9e, ~ °/,j `y y o 1/ • ~~ai ~+,, /°A~: ; eye°o 4 /~ i •1 •• •, °, ~ y • O e • .~ V (/ e° /O of 1~ ~~~ ~ ° ~b ~s~ei 4 eG~~ : ib! i°e ~ ~ /.~. /. % ~~ i ry1:eA°~i`^ij ~i`,~~0''i e~1•,f`t•io°V'~ ~i , ~' ioe A'e ? it-r'~ee •/°e~b ~• ~°~~ ry~,'~° :f' ~ /~ eye •46 .• i i. i !a . e // r s° a et y e e ~'4"°• ~• /- ~ /S1• °i~ o, ii /v 1 ob/ °O ~ O s ry, e . . /° a ~l •° •i : ° • /~ e - •e ~~ ~ •/ ~ O • o i`'r• o. °~ /; ,~ •: ~,~ a ;°~ • • ee/ ~~yv/ D /,~ 4/ .V ` ey •~°q• d •~~ ! ej si•9ye d •°• ~rS~.7•~ y 3ey t., e/ o• /a i/ • • •V• G ~ `"'~'~' xi~11 %~~~~„ _._.._._ .............................................................nn nnnn•nnnoenicll7fTL } ' G Bip nCtdohaQ.,,A~ldandum ~[qr ad~it~ional taxme and nondit~.onA. .~ ', .~ ~ ~ ~ , . . ~ ~ . Wlhl~~~ ~hr, Ilu~~ ud a~L ~1 11~!RpT ~ ~ ~ Ry +I ~ ~fil+ ILpve n':n. • ~ ~/ r ~ D Y ' _ ~. r~ ,Q . !I T 60 0 ATOS , ~ r" i'den ~""" "'""'""'"'" Le s a a c ,,~.~.j.,.~_.~,.,. ____.._._ ......_.._ ............._ rl-a, QB! T Y0S 0. !l0 T8 SOS 8sccatary~ ~•~ ~ . Laaaor .• '~;„ .. .. . , ~ ` .. • ~ ~ r^ . ., ~ .1 ~~ . , ' ,, . ~ ~ _ ' ,~ +I r' ./ ~ , . I: A 1 ~ ~.2~ ~ ]: • ,, ' ,, • ,, , . . ~ t ~~ 1 . _ _ i I e 1~^''~_ X ' , 'day of Janata. The tarn of this least viii ' rY. i!!0 uk! shall and on the lls~d Y°ctthe t.lrst 1!!4„ twasee shall also t-ava thr option to ranav this la~o~ez ~I ppa4'='sa~oant !or thtya (1) add,itlomaa, thieidinq Leseae it not te=':ta ~ot live (S) yawn saoh Lraaa t-4zeaae~nt. ~ default o! the farms atu! oandttione a! giving ZAes;~ ~~iL~ s+Y aurercise eaoh option to r option at learnt tour 4otiG o! its intention to anew by cuzrant lease farm. I) mootha prior to the end oPa~mtha~ne rant be 1a' The Lassaa aS7reas to paY the Pa11ov 9iruiinq Ja4uary 1, 1990: inq miniaum l9lo a' , Leases shaDllipa,y i~y~ya=e~t~in9tha~~gh Deaayber a1, •Qual aonthly inatallaants o! $1,10o.0a amount a! 514,400.00 ix: par ionth. *.asaaa ahall~ eFram'January 1, 1991 throe h i p Y resit durin in Eha~c~ar 71, 1991, n aquas monthly installaentso= SizaoO.00 amount at i7a, •00. o0 per aonth. o. ~In the event t'.esaae axsrci~sa ins tizat live (S)' Ysaz option, t-`:en ba4lnninq January 1, 1595. Lessee shall rent duri~q tye faze i,~ the amaatnt o! sill, 000.00 in aQual monthly inatNllbants o! PaY S1,8S0.00 par month. year optton,t~than tl:a avant Lessee axezcieaa its racond live (6) rent during the ta~i~t~i I,ia~ouina ol+S1y2A0o0~,~0~oein~gyxlpay monthly isistailments at 51,200.00 per month. • year option~~th~ the svant Iwaaea exercises its third five (~) rant durln ~4lrininq Jarnsary 1, 1009, Lecaaa shall pqy monthl 4 the tare in the euaouftt et 91s0,ooo.00 !a aqua], Y ~:allments of 52,900.00 par month, ~~~ ~xpenaes andgobli~qa~ipnsare~bi~n~stap oriariaharain all ousts, oaeupanoy, oper+stian ~ncludtinq~oa oR the de~aiaadtpr~miaeeseu~d appurten;noes tharet~ , but not l~itad to vatar which ma be " aawaz rata. i~'o-~e~p~d ausinq~ther ~n o=lanlny, alacCxio and q~ja atiY artartalan ttiaraot) shall tea this Laaaa (inaludinq shall and does hereby agree to irpidatdir:itytandGavee and Luae• from and agatnst the ^Nae. In the avem water Leaaor haraisae ' and/ar sewer bills the Lai~nx or to thstblllinq authorleaua agree to pay aesr to atabamant tar saki utega, Y 'upon Preaaneation o! a ib. l,esaae shall ba xuponsibla !or all avow rreoWal and trash removal troy tLa prasiau which it oocupln. 27• Lssaaa agreae to pay the suti of as its abort n! real estate taxis for tha laasad8aoo,0o par year tha0laasaht~~bbagi~ln~ with Janus Jeiua 1 Prasisaa. said r7( , of oath yaar of rY , 1990. Lasses without thaiLsuora vrittaa nonsent~whloh aonaantbvitha ^hall not be unraxsonably withhsid. ~(~>harmlaas lrom~and againstaanYiandaril olaiarar actionsp duau-gea \ 1lxbility and +ocpensa, including but not limped to attorneys and other professional tees, in oonnea..,.on with t.5s lots of life, parsonni injury an4/or dosage to proparyy. a.risinq t:om or out at any occurrener in, upon, or at t2ta Premsas, or the oooupancy or use by Laasaa o! the 1-ramisa^ or any part theroot, or oacaaionad oLntxaGtorsn Part bX any act or omias.lon of :waees, its agents, amployaas, aaxvanta, l~aaees or aancasaionairoa. Ia ariYal~agntio~coama~cadubytotlagninstsLee ee,ber~dLesaae shall protaot and hold Laaa~r Harmlaas and stall pay all costs, axpenaes and reaaonabie attarttay'a iaar Lnc•,xr.ad ar paid by Lessor in aonneoticr~vith such 1ltigatfon. L.easea shall also PaY all soots, e~-~.7u tnd renaonabla attornay~s tans that say bs incurred or paid ~y Laasor in anforcinq the covanant^ and agZe~msnta in this Laxar. b• 7:ass~>: shall not be responsible or liable to losaaor dasagatvhiah~maymbagooaaalonadqbyoQruty=pug atha~acts orY omSssions of peraoru occupyi,~q apace edjoinlnq the Preataes ar any ppart o! the pranisaa adjacent to of conneetinq with the promise or any other part of ehe Shopping Cantor, or atharvia~, or !ar any loss or damage reaultiaq by Iwssae, or those claiming bY, t.hrough or under Luaae, or its or their property., from the breaking, berating, stoppage or looking of alsetriaai odsl.a end wiraa, and water, qaa, sswar or statm pipes, To the aaYlaum extent parsittad by law, L.asaee agrrp to use and occupy the ?remises, and to use such ot.5er portions of the Shopp~,q Center aM Lessee is berein given the :fight to use, at L~essae~s own risk. e. At all tines attar the s~ceoution of this awaaa, Iwssaa will take oyt and keep in Lorne, at its expanse; ~ . !~ ineusanoe • ainstlasruwediorlcontriabual~liabilitC~owith1 caspaot to the Praa;~ses, to a!locd protection to tba lisi~, Los eaap oocarrenaa, of net 1Las than one Killian Dallare }1,0000000.00) w1t'1t respect to paraonai injury or death, and Fiva ttundred Thausagd Dollars (}D00,000.00) vitb seepeGt to property dasaga. repiacemeat coet(valu~ an4 wittfarep11eOaieti~pgat~etfdar'aM~~nt, oovarinq all et Lessee's personal property in the Preaiws (iraludinq vithaut liaitation, inventory, tteda fixtures, !loot cavarings, turnituro and otblr property resovabie by Leesee under the provirions et this Iwaae) and all l,aasahald lsprovesients installed in the Preaisas by Lessp. (~) Sf and to t»he ertant required by lav, wark~en~s compensation or eiailariy insurance in lore and asounts required Yay lav. (4) :ire and extended ccverege insurance equal t0 the ^aplacament cost;o= the muildin~7 impravaaantr located on the preraiaea wicb the L+.~sor named as "T.oss payee" to the extant o! the Lessor's interns:. d. Lassri shall ;:equate ar.~• contrac'~or ox Iwssee per.."orminq vork on the ?rasises to taY~a out and keep in Latta, at no ex;senre t.o Lasso:: (1) Coaprahansive general liability insurance, including conkraator'^ liability oaverage, oontraatual linbility coverage, aospletad operations aovernge, broad rota property damage endarsellaYtt apd aantzactor'^ proteativa liability coverage, to altord protaetion to the !leaf, for each ooeurrence, o! not lees than One Million Dollaza (}i,ooo,000.00) with ~eappact to personal injury or death, and Five Hundred Thousand bollarn (SSOO,000.OOi with respect to property damrge; and (2) Marbtle»'s compensation or similar insurance in !o rm and asounta :squired by law. e. LaaEai shall saintain glass insuranoe an all plats an4 athnr glass. !. Lessor aha11 bs nosed ad an additional ipeur+ed at no cost to Lessor and each such policy, or a certiliaate thereof, ahali !~a daposite4 with Iwssor by Lassen promptly upon cosmencsyosnt of iaasea's obligation to.proeure the sass. 1 qq. 4111 inaraases in lire insaranas pramiues an the leased presirar du. ~o an increase in tea rate et lire tnsuranae it exCesu of the rate on the laasad pr~isas ak the trims o! waking thir Lawea shall ba paid by the raassa. intanda to make a mein r~nov~tioneat~thMeaziatint Laape propartyoattaahadaharatoaasses in aooaMdanoe with the playa o~nta any structural or ax:erior al et rations or Iwaaaa shall not aaxa the premius vithout Iwssors _ interior alterations to rat ba unreasonably vithheld.p 1-ltsrrr~oaiviagsLasiors writt~21 consent, yaaa•a will woks no altarakions to the presisaa until a Stipulatioa o! Liana is tiled witb the prothonotary at CVabarland county prior to Cho ;,netitution of any work an the premisp~ Lessa• will not persit any Kecb.aniC'a olaiw or lion to ba p upon Cho preaiiaae or any bu32dLyq or ibprovanent cotu~t,itutir qo~ ru h a2aimaoraliea~g`~s~a~gland in eaab a! the filiaq a! say proaura altar rwlaaaa bond b ap~ij°ptly d-saharga same or 00rrpporation in as +naourit equal Logone ha1LBtimaslth• a~o tr olaia, or Tian, ur-t o! 31. Zn the avert the Lessor should refinance the sa±d prasisea durin¢kthe term of this Leaa• ~lyrsasant or any axtansion thereof, the Laesaa dgreas.«o subor3lRata t`ta Leaee Agreement to such future mortgages or other security l~struments anoumbari^4 the buildings or land upon whic5 it is aractad, ar fixtures (owned by ta`a Lessor) or other n?purtenancas tbarato. Laxaor tovcontil~atot,tocaubata.~i;k~~basubordl~natian,baynd upon tailors to do sr,, hereby Srravocab;,Y appo<_nts Lessor his agent and attorney ip tact to axaauta the saga on his bdbalP, 12. Lasras shall ba responsible for all saimananaa and repair work required to tYte iasproveaente lorated on the leaaad Frewiaee and xaa+or aQraaa .that :t will not antes the prewises far the pu.,--,ar• or partozming'aaintenanca work. 77. [Tpon default in th• paywant of a part at the rant attar the saws baoowaa due or span t_ye failure ar naglaot of :.eases to ooslplyy with any of tb• aavananta, oonditionlt pr agraawante heroin oontainad, and alter tan (l0) Qays wr.ttten notice i'roa the Lessor spacityinq tba default and ratio to aura ar upon the taraination of this ~-vraeaent by tarteitura, default or expiration, T.asrar shall have luli gowar and authority cancurrantly as toil~wsi (a) lassos say coneidar Lea:oo at will, and laaadiate2y~, ~lpto4~r~by Poro~tarhethi~la~ pr~isas (b) Lessor aay appportion any rent Which he has received snd turthar distrain tar all rant in erraars aleavhera~ any aada payable in edvanas, as herein provided, saaa beCOass due, or~balltothasvoliaybr•aoh anyact than conditions, cavanant^ or agraaaaats barain oontainad, either du_-inq t,ps original teraa of this Agraaaaat or any extan3ibC1 or renewal thereat, ar' it the tarA haralty created or any extension thereat rhali !rave eptiundottLeesor~st rs+inata~••~n~ bevpail~idtvi~thaout any right~on the part of Laaeaa to save rho lartaiture of tj78hemca:xiitiona covanaat of agraamantbbrea~~~~d any attor:~ey of any court of raoord, as attorney for *.assea, nod all wt~o coca into pasweeioa during the .era or aantinuanca at thi^ Agraaauent or under Lessaw, may appea. and e.qn an agraaaant for entering in the said cou-t an amicable action in ~jactaianp and aontasr ~udgaent'}.harain, in tavar a! 3.eesnr, hie auocesaors ar nesign~, as p2ai,~tilt,• and against Ussaa, and all who coca into poeeession dur:nq the teza or ~Cart?auarce of this I,eara Aq::aament, or under L,eraar, es De.anEant, vithout any et~y of execution to appear far :ha :.~covery by Ieseor ar poseassion of the hera:n daaoribad preaieas, without eny !:abilityy on the past ~! aaid astorney, and a vrit at execution as now or hareattar provided b~~ Iowa or Rule^ of Civil Proosdure govarninq the ealo.oetoent of ~udgmanta aay issue tor`..ttvith without any prior vrit at prooaadinys, the Lessah, and all Who come into possasaion during t.`sa term ar continuanoa n! this Laaea ]-grsauent or under Lssaaa, hereby waiving all notiaaa, errors, ir^aqulnr_tl,es and detects, and releasing and agreeing to reUaaa Lessor Lroa thn ease. The entering o! each act+.~n and oontession and execution of judgRant !.herein s~nli neither preclude the bringing of lurthar amicable a.tions and concessions o! judgaentr, hereunda:~ nvr the xesortinq by Lessor to other aotians and raaadisa. (6) For the purpoaa o_°.aakinq distraint or for the ento_caaant ac any ocher provirlonr o! this Llasa Agraaa+ent, Lesaar shall Da aC liberty to enter into anQ upon .:be said praaiaas either by loraa or r - _ T- otharaiaay and also in aaaa of dirtreiat, the aada levied upon may, at thr option of Laseor, ba alloard to ramair. on the premisar until sale! or oth4rwise released, and any appraisamant or sole under such levy uy be bald at any tiimer twssor ray desire, and said le shall be in full lorce and affect until such rata shall be bald or the soma !~ otherwise ralas.asd, any lea ox custom to the aontrar~• notwithstanding, And !or the lgztssrr securing of said rant Lesaa• hereby authoris~a;~ and empowers any attorney o! my cotes~t of regord to appear far and to enter judgsent against Swssea to. the entire rent resesvad !or the whole of cai4 tszs, witls ar without declaration, with costs of suit, release of errors, without stay of axrcution, and With'71w (5!) percent added for oollaotioo feces; and also waives thr right of inquisition o; any real estate that may ba levied upon to collect said judgment and dare hereby voluntarily condemn the same, and autho.isas the ?rothonotary to enter upon any writ at execution said volw~tary aondesstation, and swrthex agrees that said Taal bitate may be sold on a writ o! axecutios~ as new or heraaltrr provided by lea or the 2ules of~~Civil Procedure govgrninq the enforcement of judgment and hereby waives sad :classes all .relief frog any iu~d all appraisamen!', stay ox exemption law of 'any 6tata, nov in force o~ hereafter to ba passed. The antrrinq of such option and conlersion and axrcution~of judgment thaxein shall neither pzec]uda the.brinq:nq of furtlsar amicable actions and oonteasianr of judgments, hereundat, nor the resorting by Lessor to other actions and rraa4las. 14. If requested by Lasses, Lessor agrees to aracnta s Latadlord's Waiver usivinq, ralinquishinq and releasing unto an landing inati:ution, all right of levy or distraint for rent andy all claims, liens ar.d damandr which the Caesar may have for equipment to ba installed on the premises by tho Lassaa until Lasaes~e obligations.to the lending institution era paid in full. Tha Lessor further i:aderstands and agroyr tha« upon the termination o! this•laasa agreement, Luaaae shall have the absolttta right, providing it is not in default under the terms o! this agpcaamant, to rymova all of its egaipmant lroa the leased premises. 35. Leraor grants to :,esree an option to purGhasa thr pramises daacribed a~ the plan a! propa:ty dated Anqust 22, 1959, attached hereto, for'Che fatal ooneideration of 5275,000.00. Thir option shall ex'pira on December 21, 1990, and ray be exercised only it thy Iwssee is not in default under the terms of this Lease llgraemant. If the option is exercised, the pxrtlss S egret that setL•luanb shall ba hal,d on or before ,7anuasy 11, 1991 ar ^ixty (CO) days a_"tar fissae notifies Laator of its intention to ax~rAise the option, whiclsrvar shall first aeGtsr. At settlement, the parties ^hali share all raaity translas taxes aquaily and real estate taxss and municipal utilities shall be pro ra ed to the Bats at settlement. Sa tlsmant is contingent on Lasser obtainingqi an approved subdivision !or the proposed Lasaosaehalitratair +nAaasamaut usidhright o! v~y ov*rgsaid~lands to provide for ingress and sgrasa to the shopping canter. extensions Y2sareo~iai longra~the Laess~la notain default u~stder the terms of the Lassa Agrauant, Lessor grants to Lessee a right o! firm refusal to purchase the tvo tracts of land situate in Lower Allan Township, Cumberland County, pennaylvania, which era generally 7csown as `..sa "Lawar 1-llan shappinq Canter" and whicb era dascrisad in Cumberland county Reeo::ds in Dead sook D, voluua 71, Page 2l6 by dead dated !Sarah 1, 1915. Upon receipt of a honalide o!!ar for.pWCahasa o! tb^ hersl~nabove premises, Lsasor a4:aaa to aotily t,es~eee o! the ol.er, in writing, end Leeeee shall have thirty (: o) days lroti reaaipt at thin notice to notily Lasses a! its intantlon to purchase the premises under the sass terms and conditions~aa set loth in the banalida o!ler. Battlement gill bw bald na !star Chap sixty (60) days l:rom the data o! receipt o! n.tica Dy Lessee. ]'-. The parties aq_wa that each shall pay ane-belt a: a pertain bill lrom :.erlos R. Leffler, inc., dated Novsaber 20, 1989, partaia±nq to .the removal of gnsoline storage tanks on the sub~aat premfau at the Lover Allan 5hoppinq Canter, which bill fatale F17,980.00. Lessee agrees to pay $8,990.00 and >•wasor egress to pay 58,99.00, both paynants•.o ba due upon the execution of the lease agraeasent. ]8. At the timM of the execution of this aqr^asant, Leaeaa agr^ea to pay Lessor the auA ol~S1,200.00 repsesentinq pre-lease rent for the month o! Decembax~, 1989. Said $1,200.00 shall ba due and payable upon the execution o! this lease agreement. ]9. All aatices required ondar this Lease Agrsasient ^hali ba mailed by c:rtiliad nail, refute receipt requested to the parties as lollorss To Leesc~•: Th^odorataa i lfoutsatsoa t T/A Lower Allan Shopping Center 4/o Ds:uaia Thaodoratoa 9l9 1sx•ental Drive Oup KS11, P]- 13011 er_#-r_ww ws~a a• ins oesn N ~ , \~ ~~ ~ „s ~ ~~ g'4~ ~p4 ~' ~ ~~ .~-''r ia~ d~'" l~a`c i' c;c~ ~Ca(e G ~~_b i ~ ~Q~~ E~+~ ~fa'Qs~~~,n `~~ ~ ~ ~ `\ y~c ~d ~ ~\ „ono' u' ~~ ~ , ~I ..~" ~~ G~~~ ~~. 4^~ _o p . x~ ~.-- r ,,/ d S~~ ~'ac~ ~ Build ~~' c~ ~`~pJ• d s ~° ~pn i ~S~,F' M\ a s~" r ,. - .. „- .. ~~ J~ IXp~~~1 ~.~"~ ' ~ Zo ~,,(~ Qoa`~ ~ F~/an of Prop~y ~TR/q/Vt~L E CAR Y1rrQSH on L.orrotsoFlor+~~•4//en9happvnq Cedl~r L.ow~rA//e~ Trv/t Cumber/aid ~, .4~ $cc-/~ / ~ 24' Aug, 22,1989 ~.Ma w~ vi T 7 t x' i P• M 4 R 7M A N ,~~i~~evb'~SLrve cvr \ ctx~,p NiY/ Po, rroas Ph. 7/r•r~r •s~.a/ ~; ~ ~~~~ ~, ~,kTIP'ICA'1'F,~~ SEkVIC~ I hereby curtil'y that I, Shuron M. O'Donnell, un nssocinlu with theme law firm of Marshall, Dennuhey, Warner, Coleman & Cioggin, heruhy ecrlify that on the ___ _'~y ~ _ day of March 1999, a copy of the foregoing docurnent was sont via U.ti, 1~`irst-Clays Mail, postage prepaid, to the following: W. Scott Henning, Esquire HANDLER, WIENER, HENNING & ROSENI3F.,RG 319 Market Street P.U. [Jux 1 ] 77 Harrisburg, PA 17108 (Attorney for Plaintiff's) Robert Lerman, Esquire CrRIFFI'I'H, STRICKLER, I,ERMAN, SOI,YMOS Nc CALKINS 110 South Northern Way York, PA 17402-3737 (Stephenson's Tiro & Intricri) Gregory E. Cassimatis, Esquire BGRLON & TIMMEL 4999 Louise Drive, Sutie 103 Mechanicsburg, PA 17055 (Attorney for Triangle Car Nash, Inc.) ~_,_.,_ n _ r ~ a r, u, i:~ ~;,_ i - hA~ _ h.-. _. . ~' ~i i , ~, ~:~~; r ~, u. C. i. ,"; u, ,_ 3 ~ `1 v a ~ d h r ,p O N .-,~ (h v N po o cON N, ^ W O m rn O-~~`. ~Jm O . Q Ma"0 V~ Q / / a 7i ~1 ( ~ 1 MARTIN SHULTZ and MARILYN IN THE COURT OF COMMON PLEAS SHULT7, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs N0. 99.93 CIVIL vs, ANGELA MILONOPOt1LOS, individually . .and t/d/b/a LOWER ALLEN SHOPPING , CENTER, THOMAS S, NT2ANIS, individually and t/d/b/a LOWER ALLEN .IURY TRIAL DEMANDED SHOPPING CENTER, GEORGE S. ' NTZANIS, individually and t/d!b/a LOWER ; ALLEN SHOPPING CENTER, MICHAEL INTRIERI, individually end t/d/b/a , STEPHENSON'S TIRE $ SERVICE , CENTER, PAMELA INTRIERI, individually and t/d/b/e STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASH, INC., CIVIL ACTION • LAW Defendants pLAINTIFF~ REPLY TO NEW MATTER OF DEFFtiDnr~rc MICHAEL INTRERi. INDIVIDUe,_,I LY ANU t/d/b/a STEPWENSON'S TIRE & SERYIGE CENTER. AND PAMELA ~TRERI. INDIVIDUALLY A~IA_t/dlb/a STEPFIENSON'S TIR€~,SERVICE CEN~g AND NOW, come Plaintiffs, Marilyn Shultz and Martin Shultz, her husband by and through their attornays, :iANDLER, i•IENNING & ROSENBERG, and responds to Defendants, Michael Introri's, individually and t/d/h/a Staphenson's Tire & Service Center's, and Pamela Intreri's, individually and t/d/b!a Stephenson's Tire & Service Center's allegations of New Mattar as follows: 51. Paragraph 51 is an Incorporation paragraph to which no responsive plaading is required. 62, Denied, The allegation sat forth In Paragraph 62 is a conclusion of law to which no responsive pleading is required, however, to tho extent that the Honorable Court deems a response nocessary, 1t is denied that the Plaintiff's Complaint fails to state a cause of action upon which relief can be granted, and proof to the contrary is demanded at the trial In this matter, 53, Denied, The allegation set forth in Paragraph b3 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it Is denied that the cause of action set forth in Plaintiff's Complaint is barred by the applicable Statute of Limitations, and proof to the contrary is demanded at the trial in this matter, 54. Denied, it is denied that the Plolntiff's injuries and damages were caused solely and directly as the result of individuals or entities other than the answering Defendants and over whom the answering Defendants had responsibility or control, and proof to the contrary is demanded at the trial in this matter. 65. Denied. It is denied that the Plaintiff's injuries and damages were caused solely and directly as the result of any negligence on the part of the Plaintiff, Marilyn Shultz, in ,any of the respects set forth in sub-paragraphs "a" throuyh "o," it is denied that Plaintiff, Marilyn Shultz, failed to keep a proper lookout for whore she was walking, failed to wear proper footgear and/or failed to use a~ appropriate crosswalk. Proof to the contrary is demanded at the trial In this matter, 2 66, Denied. The allegation set forth in Paragraph 56 is a conclusion of law to which no responsive pleading is required. To the extent that the Honorable Court deems a response necessary, tho Plaintiff denies that the Plaintiffs failed to mitigate their damages, and proof to the contrary is domandod at the trial in this matter. 57, Dehied. The allegation set forth in Paragraph 57 is a conclusion of law to which no responsive pleading is required, however, to the extent that 'the Honorable Court deems a response necessary, It Is denied that the Plaintiff's claims must be barred or diminished pursuant to the Pennsylvania Comparative Nogligence Act because of any negligence on the part of the Plaintiff, Marilyn Shultz. Any express or implied averment that the Plaintiff, Marilyn Shultz, was in any way negllgAnt is specifically denied, and proof to the contrary is demanded at the trial in this matter, 68. Denied. The allegation set forth in Paragraph 58 is a conclusion of law to which to responsive pleading is required, however, to the extant that tho Honorable Court deems a response necessary, it Is denied that the Plaintiff, Marilyn Shultz, assumed the risk of her injuries, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiffs demand judgment against the Defendants for the relief sot forth In their Complaint. 60-62. The allegations set forth in Paragraphs 60 through 62 are directed by the Answering Defendant to the other named Defendants, hence, no responsive pleading is required from the Plaintiffs, 3 WHEREFOPiE, Plaintiffs demand judgment agalnat the Defendants forthe relief set forth In their Complaint. Respectfully Submitted, HANDLER, HENNING 8. ROSENBERG Date,_'~ r' J~'-~' ~~~ W Scott F~r~fiRf g, Es ire LD. #32298 319 Market Stre~ P, O, Sox 1177/ Marrisburg,,PA 17108 (717)238-2000 Attorney for Plaintiffs 4 VERIFICATION The undt~rsigned heroby verifies that the statements in the foregoing REPLY TO NEW MATTER are based upon information which has beon furrdshed to counsel by me and Information which has been gathered by counsel in the preparation of this lawsuit, The language of the above-named REPLY T'0 NF.W MATTER is of counsel ai7d not my own, I have read the REPLY 'f0 NEW MATTER and to tt~e extent that it is based upon information which I have given to counsel, it la true and correct to the best of my knowledge, information and belief, To the extent that the contents of the REPLY TO NEW MATTER is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C,P. 2252jd) C.S. Section 4904, relating to unsworn falsification to authorities, n \_ _.~ } Marll n Shul z C, "(!1__ h, i ~~~ x~ ,,~`i,t; Martin Shultz Data., 3 --a, ~~~ MARTIN SHULTZ and MARILYM SHULTZ, husband and wMa IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 99.93 CIVIL YB~ ANGELA MILONOPOULOS, individually and t/dlbla LOWER ALLEN SHOPPING CENTER, THOMAS S, NTZANIS, Individually and tid/b/a LOWER ALLEN JURY TRIAL DEMANDED SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ; ALLEN SHOPPING CENTER, MICHAEL INTRIERI, individually and t/dlblx STEPHENSON'S TIRE G SERVICE CENTER, PAMELA INTRIERI, individually and t/dlbla STEPHENSON'S TIRE & SERVICE CENTER and TRIANGLE CAR WASH, INC„ CIVIL ACTION -LAW Defendants t CERTIFICATE OF sl?aVIr.F On the ~ day of n I h 1999 I , hareby certify that p true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing in tha U.S, Maii: Charles B. Calkins, Esq. Gregory E. Casaematis, Esq. Griffith, Strickler, Lerman, Berlon & Tlmmel Solymoa & Cnikina 110 S. Northern Way 4999 Louise Drive, Sulta 103 York, Pennsylvania 17402-3737 Mechanicsburg, PA 17066 Sharon M, O'Donnell, Esq, MarehaU, Denhohey, Wsrner, Coleman & Ooggin 10U Plne Street, 4th Floor PO E1ax 803 Harrisburg, PA 17108.0803 ~p Date: z ~ HANDLER, HENNINO & ROSENBEHO .--- !/ __ ^ T ev _ ! W. Scott nning, Es re 319 M k ar et Street P.O, Box 1177 Harrisburg, PA'~17108 (717) 238-$(S00 ATTORNEY FOR PLAINTIFF GREGORY E. CASSIMATI5, ESQUIRE AT'I"ORNEY FOR DEFENDANT, Borlon &'I'immel TRIANGLE CAR WASH, [NC, 4999 Louise Drive, Suitc 103 Mechanicsburg, PA 17055 X717) 791.0400 Attorney LD. # 49619 MARTIN SHULTZ and IN THE COURT OF COMMON PLEAS MARILYN SHULTZ, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO, 99-93 CIVIL v. JURY TRIAL DEMANDED ANGELA MILONOPOULOS, individually and t/dPo/a LOWER ALLEN SHOPPING CENTER, THOMAS S NTZANIS, individually and t/d/b/a LOWER ALLEN (HOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ALT.EN SHOPPING CENTER, MICHAEL ; INTRIERI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE , CENTER, PAMELA INTRIERI, , individually and t/dPo/a STEPHENSON'S , TIRE & SERVICE CENTER, and , TRIANGLE CAR WASH, INC„ CIVIL ACTION -LAW Defendants , REPLY OF DEFENDANT, TRIANGLE CAR WASH. INC., TO NEW MATTER PURSUANT TO Pa. R,C.P. 2252 fdl OF DEFENDANTS ANGELA MILONOPOULOS. THOMAS S, NTZANIS~G,EORGE S. NTZANIS, AND LOWER ALLEN SHOPPING CF,NTER AND NOW, comas the Defendant, Triangle Car Wash, Inc., by and through its attomcy, Gregory. E. C'assimntis, Esquire, and files the following Reply to New Matter Pursuant to Pa. R.C".. P. 2252 (d) of Co-defendants Angelo Milonopoulos, 'themes S. Ntzanis, George S. Ntzanis, individually and Ud/h/a Lower Allen Shopping Center, as follows: G3. The answering Defendant incorporates herein by reference its responses to paragraphs 1-~1 of Plaintiffs' Complaint. bA. Admitted in part and domed in part. It is admitted that a true and correct copy of a lease agreement between Dennis Thcodoratos and Demetrios C. Moutsatsos and Defendant Triangle Cur Wash, Inc, dated January 1, 1990, is attached to the Answer of Defendants Angela Milonopoulos, Thomas S. Ntzanis, George S. Ntzanis and Lower Allen Shopping Center. Said lease agreement speaks for itself; and the balance of the allegations contained in paragraph b4 are denied. Further, any implication that said lease agreement applies to the facts of this case is specifically denied. G5. Admitted in part and denied in part. Itrs admitted that a true and correct copy of a lease agreement between Dennis Thcodoratos and Demetrios C. Moutsatsos and Defendant Triangle Car Wnsh, Inc. is attached Io the Answer with Ncw Matter of Defendants Angela Milonopoulos, Thomas S. Ntzanis, George S. Ntzanis and Lower Allen Shopping Center. Said lease agreement speaks for itself, and the balance of the allegations contained in paragraph 65 are denied. Further, any implication that said (case agreement applies to the facts of This case is specifically denied. bb. Paragraph bb of the Co-defendants', Milonopoulos, Ntzanis, and I.owor Allen Shopping Center, New Matter Pursuant to Pa. R.C.P. 2252 (d) states legal conclusions to which no responses arc required. 'fo the extent that responses are deemed necessary and that said allegations Apply (0 the answering nCfendanl, aAld allegaliOna Are dented parallanl t0 Pa. R,C.P. 1029 (c) end 1029 (o), 'I'c the contrary vid in response theroto, tho answering Dofondant herein refers to and incorporates its previously filed Answor with New Matter and New Matter Pursuant to Pu. R,G'.P. 2252 (d). WHEREFORE, Defendant Triangle Car Wash, Inc, denies that it is liable to the Plaintiffs and/or any and all co-defendants and requasts that this Honorable Court dismiss with prejudice all such claims against it. AERLON & TIMMEL Data: _~ 2-f 9 ~y. ~ '~~. Grego , Cassimatis, Esquire Attorney for Defendant, Triangle Car Wash, Inc. ve:RI~ICAT1oN Gregory E, C'assimatis, Esquire, Attorney for Defendant Triangle Car Wash, ]nc, verifies that the facts set forth in said Defendant's Reply to Now Mattor nre tyre and correct to the bast of his knowledge, information, and belief. If tlrc ubovc statements are not true, the Defendant is subject to the penalties of l g Pa. (".S.A, § 4904 relating to unswom falsification to authorities, BERLON & TIMMEL Dato; l~ ----' ~L, Namo; ~- ,,,, Grego . Cassimatis, Esquire Attorney for Defendant, Trianglo Cur Wash, Inc; 'r ~cA~r~ ~F s~RV~cI~ .AND NOW, this ~~-~ day of _/a_,~~1_~__, 1999, 1, Gregory E. Cassimalis, Esquire, Attorney for Defendant, Triangle Ct+r Wash, Inc., herchy certify that I served a copy of the within Reply of Defend+mt, 'Triangle Car Wash, Inc., to Ncw Matter on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg,. Pennsylvania, addressed to; Date; ~l- 2~- ~i` ~' W. Scott Henning, Esquire f•fandlor, Harming & Rosonbarg 319 Market Street PO Box 1177 Harrisburg, PA 17108 Sharon M. O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 Pino Street Fourth Floor Harrisburg, PA 17108 Charles B. Calkins, Esquire Griffith, Strickler, Lerman, Solyntos & Calkins 110 S, Northern Way York, PA 17402 By: ~,~ Grego .Cassimalis, Esyuire Bcrlon & Timtnel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney LD. N 49619 (..: .. .. .. ~.,. V • _ .. ~ _ ' ~` ~ ~ ;~ .; 7 - ta.. (~ .-~ 1 V MARTIN SHULT! and MARILYN SIiU[.T'7„ husband and wife, Plaintiff's v. ANGELA MILONOPOIJLOS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, 7`IiOMAS S. N"fZANIS, individually and t/d/b/a LOWER ALLEN SI TOPPING CENTF.,R, GEORGE S, N'I7..,ANIS, indivlduaily and t/d/b/a LOWER ALLEN SIIOPI'ING CENTER, MICHAEL. INTRIERI, individually and t/d/h/a ST'ENIIF,NSON'S TIRE & SERVICE CIiN'1'ER, PAMELA INTRIF;RI, .individually and t/d/b/a S'fEPFIENSON'S 'EIRE & SERVICE CENTER and 'T'RIANGLE ('AR WASH, INC., Defendants IN THE COURT Or COMMON PLEAS CUMBERLAND C'OUNT'Y, PENNSYLVANIA NO, 99-93 CIVIL Jl1RY'iRIAL DF,MANDED : CIVIL ACTION - I,AW PRAEC[PE TO SUBSTITUTE VERIFICATION "1'O'f1ll: PROTITONOTARY OF CUM[3ERLAND COUN'T'Y: Please substitute the verification of Angela Milonopoulos Loxes for that of counsel with respect to the Answer with New Matter filed on behalf of the Lower Allen Shopping Center Defendants in the above matter. Mrs. Loxt~s' verification is attached hereto and marked Exhibit "A". MARSHALL, DENNEHEY, WARNER, COLE~Q,AN & GOGGIN DA`T'E: _____- - . ON M, O'D NNELL, ESQUIRE LU. o.79A57 10 fine Street, 4lh Floor Flarrisburg, I'A 17101 (717) 231-3791 Attorneys for Lower Allen Shopping Center Defendants /hqt//e~t+'`oh/~j.~I/•.~hi~f,',<vc•~/rcb'~, `/~ ri hci ~+rc//~x/c'~i/o°oq//~'/.~ f~i~q~~6.l~y~i~ `cri% r///C' '9ko q/c~~~ed4nri,6,~~ gvcy ~,yjs'riii~~~horc.~~~4iiw ~h,~ ~//(J d/y/vfevlh~ehych,,c,~~e•/rrCi/~/~~,c,,,h`r~//~/'/~c v/q N q/h~ry ~~~ qr r~hv~/ ~i<v r~ grir/c ~r~ir/~r~V i ~wcy/hick /Oh~gr s ~ogrc ~~iqd r~ ij~~%~/r ri~~t~~ ~ /hr, f r~/'cq /hc. ~w h w ~~~, /h o '~q '1~, ~o r~i nr~~ Are, oc, h or~~~~~r~6~~~I ,~h~s S~~ ~/c he ~~~6 yc/q rcrq/ry%~~~ /~~o /ri oo ., ~' s~ Sri . sir/ '~i fh `S`ri /hc'/~ !/%n~/iii iii y ~ is, h 7n~ %ho duo ~/`ti ~l c'J'i/,r~ so iii ~~ f~~~ // ~ o nod%r v~4ryve s~f i / ri 7 -,. 6n ~ o~ by /k~q ~dcrs///~~r O~/hr ~j~~r /hq`//iw/ Q ' ~ 6ryc` err. ~ ~Jj mq~i ~ r qk ~~~ f ~ r/fj/ c !h q~~oh ni! eqd ' ,.S~~c vri rr q~~/ rchr/ ~h~[ ~ / . 4g~ de~v~ o4i y °he~ ~ ~ v ~ ~ ~e/q~~ v/~ ~ I ~ ~U~/ !p ~oJ. Cr~7'E O V C~ ( hereby certify that I, Sharon .M. O'Donnell, an associate with the law firm of Marshall, pennehey, Warner, Colemnn & Coggin, hereby cortify thnt on the ~ ~~ day of ,April 1994, a copy of the foregoing document wns sent via US. First-Class Mail, .postage prepaid, to the following; W, Scott Henning, Esquire HANllLER, WIENER, l-IENNING & ItOSENDERG 319 Market Street P.O. Rox 1177 Harrisburg, PA 17108 (Attorney for Plaintiffs) Robert Lermnn, Esquire (iRIFFITl1, STRICKL.ER, LERMAN, SOLYMCIS & CALKINS U South Northern Way York, PA 17402-3737 (Stephenson's Tire & Intrieri) Gregory F. Cassimatis, Esquire HEREON & TIMMF,L 4999 Louise prive, Sutie 103 Mechanicsburg, PA !7055 (Attorney for Triangle Car Wash, Ina) ~l` _ I ', ~( -. '~ G. J .P ~= c ~_, ~ F- ~ ~ ~ : , ~ - ~ ~ t]`iri. a~ ~ iii may: ~~ ~ r .-. U ~ C,r rn ~ y I , . ti. ~~, ~-. ir, ~ ~ (~.: , ~ ' ' °, ~ ~' .t u ' ; ~. ~ . ~ fV ~ . ( ,~ {- (- a.. IL ~ rr, i 1 Q O O. J ~[ /,' ~M Q ' ~ v Kp, ~ M a Z'~ 0 N ~r/~/~ w ~~ mNn ~^ ~ ~ Sl oC 0~ -v , ^ Q O U w d MARTIN SHULTZ and MARILYN SHULTZ, husband and wife, plaintiffs W. : IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 9993 CIVIL ANGELA MILONOPOULOS, individually , end t/d/b/a LOWER ALLEN SHOPPING , CENTER, THOMAS S. NTZANIS, , individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, , MICHAEL INTRIERI, individually and , t/d/b/a STEPHENSON'S TIRE & , SERVICE CENTER, PAMELA INTRIERI individually and t/d/b/a STEPHENSON'S TIRE & SERVICE , CENTER and TRIANGLE CAR WASH, INC., JURY TRIAL DEMANDED CIVIL ACTION • LAW Defendants AND NOW, corno Plaintiffs, Marilyn Shultz and Martin Shultz, her hushand by and through their attorneys, HANDLER, HENNING & RO5ENBERG, and responds to Defendants' allegations of Naw Mattor as follows: 52. Denied, The allegation sat forth in Paragraph 52 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a respondo necessary, it is denied that the Plaintiffs' Complaint falls to set forth a cause of action upon which relief can bo granted against the answering Defendants, and proof to the contrary Is dernandod at the trial in this manor. 63. Denied, The allegation sat forth in Paragraph 63 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plah~tiffs' cause of action andlor right of recovery is barred by the applicable statute of limitations, and proof to the contrary is demanded at the trial In this matter. 64. Denied, The allegation sot forth in Paragraph 54 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court dooms a response necessary, it is dented that the Plaintiff, Marilyn Shuitx's injuries and damages were caused solely and directly as a result of Individuals or entitles other than the answering Defendants and over whom the answering Defendants did not have any responsibility or right to control, and proof to the contrary is demanded at the trial in this matter, 55. Denied. The allegation set forth in Paragraph 55 is a conclusion of law to which no responsive pleading is required, however, to the extant that the Honorable Court deems a response necessary, it is denied that the Plaintiff, Marilyn Shultz's injuries and damages were caused solely and directly as a result of any negligence on the part of the Plaintiff, Marilyn Shultz, in failing to use reasonable care to look nut for her own safety or otherwise, and proof to tf~e contrary is demanded at the trial in this matter, 56, Denlod, Tha allegation set forth In Paragraph 56 Is a conclusion of lavv to which no responsive pleading is requital, however, to the oxtent that the Honorable Court deems a response necessary, it is dented that the Plaintiffs have failed to mitigate their damages, and proof to the contrary is demandad at the trial in this matter, 57. Daniel, 'The allegation set forth in Paragraph 57 is a conclusion of law to which no responsive pleading is required, however, to the oxtent that the Honorable Court deems a response necessary, it is domed that the Plaintiffs' claims are barred or diminished pursuant to the provisions of the Comparative Negligence Statute, and proof to the contrary is demanded at the trial in this matter, 58. Denied, The allegation set forth In Paragraph 56 Is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims may or are barred r,y the Plaintiff's assumption of the risk, and proof tc the contrary Is demandad at the trial in this matter, 59. Denied. It is denied that the Plaintiff was not a business invitee on any portion of the promises owned by the Lower Allen Defendants. 60. Daniad. It is domed that the Lower Allen Defendants did not owe Plaintiff a duty of care and proof to the contrary is demandad at the trial in this matter. 61, Denied. 1'he allegation set forth in Paragraph 61 is a conclusion of law to vvhich no responsive pleading is required, however, to the oxtent that the 3 Honorable Court deema a response necessary, it is dented that the Plaintiff, Marilyn Shultz's own negligence was the sole and proximate .cause of her injuries and damages, and proof to the contrary is demanded at the trial in this matter, 62, Dented, The allegation set forth in Paragraph 62 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Lower Allen Defendants did not have either actual or constructive notice of the defect existing on theh~ premises and which caused the Plaintiff's fall. By way of further answer, the Plaintiffs aver that the weeds and grass growing on the apparent dividing line between Stephenson's '(ire Canter and Triangle Car Wash was observable by the answoriny Defendants and that they either had actual knowledge or constructive knowledge of the hazardous condition, that is, they,should have beers aware of the hazard caused by the weeds and grass concealing the raised macadam curb on the .parking lot. WHEfiEFQRE, Plaintiffs demand judgment against the answering Defendants for the relief set forth in their Complaint. 63~ 66. The allegations set forth in Paragraphs 63 through 66 are directed to the non-answering Defendants, and hence, no responsive pleading is required from the Plaintiffs. 4 WHEREPONE, Plalntlffs denyand judgment against the answering Defendants for the reflaf a4t forth In thalr Complaint, Respectfully Submitted, HANDLER, HENNINO & ROSEN®ERO ~Mtw 1 •@) W. Scott Hd ingrtfi , Fspulr~ LU. #32298 319 Market Street P, O. Box 117 Harrisburg, PA 17108 (717) 239-2000 Attorney for I'laintlffs 5 ~,,~, W. SCOTT HENNING, ESQUIRE, states that ho Is the attorney for the party filing the forego ng document; that he makas this affidavit as an attorney, because -. 'fie ~'}u~s~Ct+oc~-af-tHe-s;etfrtartd the Verification of the party cannot be obtained within the time allowed for filfng this Pleading; the averments set forth herein are based upon information provided by the Plaintiffs; and that this statement is made subjoct to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. oate.l~-/a -~`~ IN THE COURT OF COMMON PLEAS OF CUMRA:RLAND CgIINTY, PENNSYLVANIA MARTIN SHULTZ and , MARILYN SHULTZ, husband and wife , Plaintiffs , v. ANGELA MIL,ONOPOULOS, individually , and t/d/b/a LOWER ALLEN SHOPPING , CENTER, THOMAS S. NTLANIS, , Individually and t/d/b/a LOWER ALLEN , SHOPPING CENTER, GORGE S. , NTZANIS individually and t/d/b/a , LOWER ALLEN SHOPPING CENTER, , MICHAEL, INTRERl, Individually and , t/d!b/a STEPHENSON'S TIRE & SERVICE ; CENTER, PAMELA INTRERI, , individually and t/d/b/a , STEPHENSON'S TIRE & SERVICE , CENTER and TRIANGLE C'AR ; WASH, INC. , Defendants , Civil Aetion • Law No. 99-93 REPLY TO NEW MAT'T'ER OE TRIANGLE f"AR WASH IN<t, PURSUANT TO Pa.$,~.P. 2252(~IRECTED TO MTCHAE~, INTRERI, individually and t/d/b/a STEPHENSON'S TIRE SYt SERVICE CE_1VTPR AND PAMELA dNTRERI. individually 99.~,t/d/b/a STEPHENSON'S TIRES SERVICE CENTER 55. Denied, Paragraph 55 is a conclusion of law to which no response is required. To the extent a respvnse is required, Defendants incorporate their New Matter pursuant to Pa.R.C.P. 2252(d) directed to Triangie Car Wash, Inc. 56, Denied. Paragraph 56 is a conclusion of law to which no response is required. To the extent a response is required, Defendants incorporate their New Matter pursuant tv Pa.RC.P. 2252(d) directed to Triangle Car Wash, Inc. WHERE~URE, Defendant Michael lntreri, individually and t/d/h/a Stephenson's Tire & Service Center and Pamela Intreri, individually and Ud/b/a Stephenson's Tire & Service Center demands indomnityand/or contribution as the Court ratty deem appropriate in their favor and agutnst Co•Defendant Triangle Car Wnsh, Inc. and domands that said Defendant be found solely liable to the Plaintiff's and jointly and severally liable with the answering Defendants, or liable over to the answering Defendants ns in contribution oa• indemnity. Respectfully Submitted, GRIPPIT'H, STRICKLGR, LERMAN, SOLY'MlUS~Bc C~A/LK~INS CHARLES B. CALKt Attorney far Defendants Supreme Court LD. No. 36208 110 South Northern Way York, PA 17402 Telephone No. (717) 757.7602 2 IN'I'HE COURT OF COMMUN PLEAS OF CUMFIF,KLAND COUNTY, PF:NNSYLVANIA MARTIN 5Hl1LTZ and MAKII.YN SHlll; l"l., husband and wife YlaintltT® Civil Action -Law v. 1Vo. 99.93 ANGELA MILONOPOIILOS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, THOMAS 5. NTLANIS, individually and t/d!b!a LOWER ALLEN SHOPPING CENTER, GOK(:F. S. NTZAN[S individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, MICHAEL INTRERI, individually and t!d!b/a STEPHENSON'S TIRE & SERVICF. CENTER, PAMELA INTRERI, individually and t/d/b/a STEPHENSON'S TIRE & SERVICE CEN'CER and TRIANGLE CAR WASH, INC. Defendants CF,RTIFICATE OF SERVICE AND NOW, this ~~'day of _~> 1999, 1, Charles B, Calkins, Esquire, a member of the firm of GRIFFITH, STRICKLER, I,ERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that 1 have, this date, served a copy of the Reply to New Matter of Triangle Car Wash, Inc. Purouant to Pa.R,C,P. 2252(d) Directed to Michael Intreri, individually and t/d!b/a Stephenaon's Tire 8c Service Centerand Pamela Intreri, individually and t/d/bla Stephenaon's Tire & Service Center by United States Mail, addeessed to the party or attorney of record as follows; W. Scott Henning, Esquire HANDLE, WIENk:R, KENNING & ROSENBERG 319 Market Street, P.O, Box 1177 Harrisburg, PA 1710R 3_ r, - 7 ,= z r e _ • ~ ' ~- Sharon M, O'Donnell, Esquire MARSHALL, DENNF.HF.Y, WARNER, COLF,MAN dt GOGGIN 100 Pine Street, 4i° Floor P,O, [3ox 803 Hnrrisburg, PA 17108-0803 Gregory, E,Cassamatis, Esquire 13ERLON & T-MMEL 4999 Louise DKive, Suite 103 Mechanicsburg, PA 17055 (3RIFFITH, STRICKLF.R, LERMAN, SOLYMOS Bc CALKINS t CFIARLES d. CALK , Supreme Court LD. No. 36208 110 South Northern Way ' York, PA 17402 Telephone No. (717) '757-7602 ~. VERIFICATION 1, Thomas B. Sponaugle, Esquire, do herby verify that 1 am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my ' knowledge, information and belief, upon information supplied. I I understand that false statements made herein are made subject to the penalties of 18 Pa,C.S,A, § 4904 relating to unsworn falsification to authorities. GRIFFITH, S'fR(CKLEK, I,ERMAN, SOLYMOS & CALKINS Dated. ~/6 ~qP BY; ~ ~ ,G-~' THOMAS B. SP NAUGLE, ESQUIRE Supreme Court I,D. N64584 110 South Northam Way York, Pennsylvania 17402 (717) 757-7602 1.,.. ;,. lr.. fiFr - , ~. ~ I ~ ~^-.1' ~ _ .. _ 1 .. ~~1:_ _ ~. Y, i. ~: .. ~_ F 11 - ~ ~. eC... ! .. Y iJ. Z,j ~i '. ,b h p~p .~ ~ ~ ., t.. ~~~ 1 r{ p 1.~1 ... C•F ~ ~ 4. F1 .. ., V ~ I,1. i (f~ - `~ (t .. ~ I' ,. FN THE COURT OF COMMON PLEAS OF CUMIiERLAND COUNTY, 1'F.NN5YLVANIA MARTIN 5FIULTG and ~ MARIL,YN 3HULTG, husband and wife t Plaintiffs ; f,'Ivll Action -Law W. _ ; No.99-93 ANGELA MILONOPOULOS, indlvidually s and t/d/b/a LOWER ALLEN SHOPPING ; CENTER, THOMAS S. NTLANIS, ; individually and t/d/b/a LOWER ALLEN ; SHOPPING CENTER, GORC,E 5. ; N'fZANIS individually and t/d/b/a ; LOWER ALLEN SHOPPING CF,NTER, ; .MICHAEL INTRERI, individually and ; t/d/b/a STEPHENSON'S TIRF. & SERVICE ; CENTER, PAMELA INTRF,RI, ; indivlduafly and t/d/b/a ; STF.PHENSON'S'fIRF. & SERVICE ; CENTER and TRIANGLE. CAR ; WASFI, INC. Defendants ; STEPHENSON'S TIRF & SERVICE. CANTER'S RF.PLY'f0 2252(dl LOWER ALLF~1SFIOPPING CENTER 63, Answering Defendant Stephenson's Tire 8c Service Center hereby incorporates by reference its responses to Paragraphs'i through 51 of Plaintiff s Complaint filed us Michael Intreri, individually and t/d/h/a Stephcnson's Tire & Service Center and Pamela Intreri, individually and t/d/b/a Stephenson's'I'ire & Service Center's Answer. 64. Denied. Paragraph 64 is a conclusion of law to whichpa response is required. T'o the extent a response is required, the lease agreement allegedly entered into between Lower Allen Shopping Center and 't'riangle Car Wash spenks l'or itself. 55. Denied. Paragraph fi5 is n amclusion of law to which no response is required. 'fo the extent a responsc is required, the lease agreement allegedly entered into botwucn Lower Allen Shopping Center and 'triangle Car Wash sroaks for itself. 66. Denied. Paragraph 66 is a conclusion of law to which no response is required, T'o the extent a responsc is required, the answering Defendant Stephenson's Tirc & Service Center hereby asserts its full rights to indemnification and conlrihution against Dcfcndants l.owerAllen Shopping Center and "triangle Car Wash on the basis that Lower Allen Shopping Cenee(and 'T'riangle Car Wash arc alone liable, liable over, or,jointly Tnd severally liahle to the Plaintiffs ors !hair cause of action as alleged. WHFRC;~ORE, Michael Intreri, individually and t/d/bia Stephenson's'C'ire & Service Center and Pamela Intreri, individually and 1/d/b/a Stephenson's Tire & Service Center respectfidly request this Honorable Court to enter judgment in their favor and against the Dcfcndants Triangle Car Wash and Lower Allen Shopping Center, In the alternative, answering Defendants demand that in the eventjudgment is entered against them, any liability on the part ofsaid answering Defendants being specifically denied, the judgment should be entered jointly and severally against Defendants Triangle Car Wash, Angela Milonopoulos, individually and t/d/b/a [,ewer Allen Shopping Center, Thomas S, Nhranis, individually and t/d/h/a Lower Allen Shopping Canter, and George S. Ntzanis, individually and t/d/b/a Lower Allen Shopping Center, and Triangle Car Wash, Inc, or that said Defendants be held liable over to the answering Defendfuus, Michael Intreri, individually and t/d/b/a Stephenson's Tire & Service Center and Pamela Intreri, individually and t/d/h/a Stephcnson's "fire & Service Center fur contribution and/or indemnity. IN THE COURT OF COMMON PLEAS OF CIIMNERLANI) C'Ol1NTY, PENNSYLVANIA MARTIN 5HUL,T1, and . MARILYN SIIULTZ, husband and wife ; Plaintiffs ; Civil Action -Law v. _ t No, 99-9J ANCF,LA MILONOPOULOS, Individually ; and t/d/b/a LOWER ALLEN SHOPPING ; CENTER, THOMAS 5. NTZANIS, _ individually and t!d/b/a LOWER ALLEN ; SHOPPING CENTER, GORGE. S, ; NTZANIS individually and f/d/b/a ; LOWER ALLEN SHOPPING CF,NTER, t MICHAEL INTRERI, individually and ; t/d/b/a 5TEPHF;NSON'S TIRE. & SERVICE ; ' CENTER, PAMELA INTRERI, t individually a.nd t!d!b/a S'PEPHENSON'S TIRE ~ SERVICE ; CENTER and TRIANGLE. CAR ; WASH, INC, - Defendants = ~~;BTIFICATE OF SERVICE. AND NOW, this v~0~tlay of r;!~^~S_ , 1999, I, Charles k3, Cnikins, Fsquirc, a member of the firm of GRIFI~ITLI, ST'RICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that 1 have, this date, served a copy of the Stephenson's Tire & Service Center's Reply to 2252(d) New Matter of Co-Defendants Angela Milnnopoulos, Thomas S. Ntzanis, George S. Ntzanis, individually and t/d/h/a Lower Allen Shopping Center by United States Mail, addressed to the party or attorney of record as follows: W, Scott Henning, Fsquirc IIANDLF, WIENER, Il[iNNIN(i & ROSENF3ERG 319 Market Strcct, P•0. l3ox 1177 hiaerisburg, 1'A 1710R 5haran M. O'ponnell, Esquirc MARSHALL, pENNE1lEY, WARNER, COLEMAN & OO(i<31N 100 Pine Street, 4'^ I~ loar 1'.O, I3ox 803 Harrisburg, PA 17108-0803 Qregory E,Cassamatis, Isquirc t3GRLON & TIMMFsL 4999 Louisa Drive, Suite 103 - Mechanicsburg, PA 17055 QRII~PITFi, STR[CKLER, LERMAN, SOLYMOS &CALKINS AY ,,~'~~~., C IARLES t3, CALKINS k Supreme Court LD. No. 3b208 110 South Northern Way York, PA 17402 'Telephone No, (717) 757-7602 ,,:, , . ~. YERIFIC TA ION I, Thomas B, Sponaugle, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C,S,A. § 4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS R~ CALKINS Dated; ~'"~G-Ft BY: .~---r THOMAS B. SPO E, ESQUIRE Supreme Court LD. #64584 110 South Northern Way York, Pennsylvania 17402 (717)757-7602 n a~ ~ l4. c~ r' ~ ~i~~` +,v I, ~l t ~,, j t _. 4i l,:~ I 'I e ( U. U.. Itl. 1 t ~ r_I a 3 ~. . L i ,~ ~.. AN Tllic,' COURT OF Ct)MM MARTIN ON PLF; • MARII.YN sH~ T~ and PFNIVSYI.Vq~, ~CO~BF,RGAND G.OONTY pia n 17ahuaband and wife v, ' ANrG,G ' A MI CENT R, T OW RR AGLFO5, Indh•tdu C'tvil gedon . Gaw S y~ vidualiy an~MAS S, ~,~,N N OPpllyallY No. 99.93 NT PPING CRN d/b/a !.OWE S, C GpzgN/S(ndivldua ~R, CORC sAGLRN • MI H ~,L LEN,4gOpP d ~d/b/a ' 1/y t/d T 1NC ' IndiNT RR, qMF ' ~N S TARE ~!v andR~ STEP y~ ih' aad t d~ ~IVTRERI~ `@ SRRVIC,R . CRNT NSONn,S TI ' ~'ASy ANC d TRIA CGF, CARYICE ' Aefendants AND NOW, this :l3 ~ ~/ ^~ O '' member °f the firm of GR/F "aY cf` ~~, • O ~~' here6 FITy, ST `~ ~> 1999 Y certify that / R/CK~ , i, Charles have. this ER, LrRM ®' Calkins ofDoenmenty date, seR'edac AN, SOGYMOS .Esquire, a C GK S Stephenson ~s Tlr Oefeq~nts, Mlchacllntr arY o athe Interrogator' & A fo 4V 'Esquires ~ Se eri ndP meta 1es~equeat r , attorne Ice Cen fer Intrerl r p oducHon Y ofrecord tO i'iaintl ~ each indiv as folloks, 11''by United States Mail ideal iyand f/d~/a W' `ScOn H en ,addressed to ~~~~RGW F~~Rire iiLlylViN the p~Y or of Strce1, P C & Narrtisbur8, PA 171080 Eox 1177 CARS q~ ~ D°nnell, Irsquire 100 P nM`~N& COCCI'116Y WgRN P~O' BOx 803et~ 4~bFlooN ER, Harrisburb,, pA 17108.0903 Y , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. MARTIN SHt1L'f7, and , MARILYN SHIILTZ, husband and wife , Plaintiffs Cidil Action -Law v. No, 99-93 ANGELA MILONOPOULOS, individually , And t/d/b/A LOWER ALLEN SHOPPING , CENTER, THOMAS S. NTZANIS, , indh~idually And t/d/b/a LOWER ALLEN ; SHOPPING CENTER, GURGE S, ; NTZANIS individually and t/d/b/a ; LOWER ALLF:N SHOPP[NG CENTER, MICHAEL INTRERI, individually And ' t/d/b/a STEPHENSON'S TIRE & SERVICE ; CENTER, PAMELA INTRERI, ; indivlduAlly and t/d/b/a ; 5TEPHENSON'S TIRE & SERVICE ; CENTER And TRIANGLE CAR , WASH, INC. Defendants , CERTIFICATE nF eVICE AND NOW, this ~3 day of ~ n~ , 1999, I, Charles B. Calkins, Esquire, a member of the firm of GRIFFI'fH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that 1 have, this date, served a copy of the Defendants Michael Intreri and Pamela Intreri, each individually, and t/d/b/a Stepheoson'x Tiro & Service Center's Response to Plaintiffs' Request for Production of Documents to Defendants Michael Intreri and Pamela Intreri, each individually and t/d/b/a Stephenson's Tire & Service Center by United 5tatos Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire HANDLE, WIENER, IIENNING & ROSENBERG 319 Market Street, P.O. Box 1177 Harrisburg, PA 1710R --._ ~ , Sharon M. O'Donnell, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & t3OddIN l0U Pine Street, 4'h Floor P.O. Box 803 Harrisburg, PA 17108-0803 Gregory E.Cassamatis, Esquire BERL,ON & TIMMEL 4999 Louise Drive, Suitc 103 Mechanicsburg, PA 17055 ORIFF[TH, TRICK ER, LERMAN, S Y S & C KINS BY C LKINS Supremo Court I. . No, 36208 110 South Northe Way York, PA 17402 Telephone No. (717) 757-7602 ,. , GREGORY E. CASSIMA'i'IS, ESQUIRE Borlon & Timmol 4999 Louise Drive, Suite 103 Mechanicsburg, PA 170SS (717) 741-0400 Attorney l.D. N 49(il9 MARTIN SHULTZ and MARILYN SHULTZ, husband and wife, Plaintiffs v. ANGELA MILONOPOULOS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, THOMAS S NTLAN-S, , individually and t/d/h/a LOWER ALLEN , SHOPPING CENTER, GEORGE S. NTZ,ANIS, Individually and t/d/b/a LOWER : ALLEN SHOPPNG CENTER, MICHAEL INTRIERI, individually and Ud/b/a , STEPHENSON'S'fIRE & SERVICE CENTER, PAMELA INTRIERI, , individually and t/d/b/n STEPHF.NSON'S TIRP. & SERVICE CENTER, and , TRIANGLE CAR WAStt, INC., , ATTORNEY FOR DEFENDANT, TRIANGLE CAR WASH, INC, IN 7'HE COURT OF COMMON PLEAS CI IMBERLAND COUNTY, PENN5YLVANIA N0.99-<J3 CIVIL JURY'fR1AL DEMANDED C[VIL ACTION -LAW Defendants REPLY OF DEFENDANT. TRIANGLE. CAR WASH INC TO NFW MATTER PURSUANT TO Pa. R.C,P. 2252 (d- OF DEFENDANTS MICHAEL IN'fRERI AND PAMELA INTRERi~ INDIVIDUALLY AND t/d/b/a STFPHFNSON'S TIRE & SERVICE CENTER 60, No response required, 61. Denied. Paragraph GI is a conclusion of law to which no responsive pleading is t•equired. To the extent a response may be reciuired, the answering Defendant incorporates its ~ „ 1 Answer with New Matter and New Matter pursuant to Pa.R.C.P, 2252 (d) directed to Defendants Michaol Intreri and Pamela Intreri, individually and t/<Uh/u Stephvnson's Tire Bc Service Conter. (i2, Uenied. Paragraph (il is a conclusion of law to which no rosponsive pleading is required. To the extent a response may be required, the answering Defendant incorporates its Answer with New Matter and New Matter pursuant to Pa,R.C.P. 2252 (d) directed to Defendants Michaol Intreri and Pamela Intreri, individually and t/d/h/a Stephenson's Tire & Service Canter. WHEREFORE, Defendant, Triangle Car Wash, Inc., denies it is liable to the Plaintiff's and/or any and all Co-Defendants and requests that this honorable Court dismiss with prejudice all such claims against it. BERLON & TIMMEL Aato; ~~ By; _~ Grogo Cnssimatis, Esquire Attorney for Defendant Triangle Car Wash, Inc. VGRIFICATIQN Grogory E. CassimaNs, Esquire, Attomoy for Defendant 'friunglo Car Wash, Inc., verifios that the facts set forth in tho foregoing .Reply to New Malter of llefendunt Stephenson's Tiro & Service Center are tnie and correct to the best of his knowledge, information, and belief. If the above statements arc not tmo, the Defendant is subject to the penalties of I S Pa. C,S,A. ¢ 4904 relating to unswom falsification to authorities. }3ERL,ON & TIMMEL Data, '2 ~9 Namo: ~_ Gro ~. Cassimatis, Esquire Attorney for Defendant, Triangle Car Wash, Ina CERTIFIG""ATE QF SERVI('E AND NOW, this ~3=day of _~l , 1999, I, Gregory E, Cassimatis, Esquire, Attnrnoy for Defendant, Triungle Car Wash, Inc„ herehy certi fy that I served a copy of the within Reply to New Matter of Dofendanl Stephcnson's 'fire & Service Center on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed la; W, Scott Henning, Esquire Handler, }ienning & Rosenberg 319 Market Street PO Box 117"1 Harrisburg, PA 1710$ Sharon M. U'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 Pine Street Fourth Floor Harrisburg, PA 17108 Thomas B, Sponaugla, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S, Northern Way York, PA 17402 Date; ~ By. _ C~~~ Grego .Cassimatis, Esquire Berton & Timmol 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney LD. h 49619 ~- 1. ~r~ y ) .~ ~, i ~ _, i c~4 ~ ` : IL ~ ~ .L ~a ,. ` i. ., ~; k ': '. _I'. - _ ... , LT; W«~ ~ r ( ~ ~n u) m '~_ u A •• ~ i i LI ~ - 1 ~ 3 ( J_ (d. C 1 1 C_1 Ul <n 7 (J g ^~ I`t~ ,. .. ':. ~ - ~ y '_ IN THE COURT ()F COMMON PLEAS OF CUMI)ERLANp COUNTY, PENNSYLVANIA MARTIN SHULTZ and , MARILYN SHULT0., husband and wife ; Plaintiffs Civil Action -Law v. Na, 99-93 ANGELA MILONOPOULOS, individually ; and t/d/b/a LOWF,R ALLF;N SHOPPING , CENTER, THOMAS S. NTZANIS, , individually and t/d/b/a LOWER ALLE N SHOPPING CENTF,R, GORGE S. , NTZANIS individually and t/d/b/a ~ LOWER ALLEN SHOPPING CENTER, ; MICHAEL IN'I'RERI, individually and ; t/d!b/a STEPHF.NSON'S TIRE & SF.RVICF. CENTER, PAMELA INTRERI, , individually and t/d/b/a , STEPI~IENSON'S TIRE & SF,RVICE , CENTF,R and TRIANGLE CAR ; WASH, INC. , pcfendants , CF~tTIFICATF OF SF, V C , AND NOW, this ~a~`day of Y1a,. , 1999, I, Charles B, Calkins, Esyuira, a ~~ member of the firm of GRIFFITii, STRICKLER, L,ERMAN, SOT.,YMOS & CALKINS, Esquires, hereby certify tht-t I have, this date, served a copy of Michael Intreri and Pamela Intreri, individually, and t/d/6/a Stcphcnson's Tire & Service Center's Response to Request fur Production of pocuments and Things of Defendants Angela Milonopoulos, Thomas S. Ntzanis, and Ceorgc Nztanls, individually anriY/d/b/a Lower Allen Shopping Cantor by lJnited States Mail, addressed to the party or attnrney of record as f'oilaws: W, Scott Iicnning,Esquirc HANDI,Ii, WIENER, lil?NNING & ROSENBERO 319 Market Street, P.O, Box 1177 1-arrisburg, PA 17108 Sharon M, O'bonnell, Esquire MARSHALL, f.)IiNMsHGY, WARNER, COLEMAN ~ 0O(1CIN 100 Pine Street, q~h I;loor P.O, Ilox 803 Harrisburg, PA 17108.0803 Urcgory E,Cassamatis, Esquire EERI,ON & TIMMGL 4999 Louise llrive, Suite 103 Mechanicsburg, pA I7055 ORIFHITH, STRICKLER, LERMAN, SOLYMOS do CALKINS CHARLES , CgLKIN.S --' Supreme Coup I•D. 110 South No• 36208 Northern Way York, PA 17402 Telephone No. (917) 757.7602 ,^~ r^', MARTIN 3HUL'fZ and MARILYN SHULTZ, husband and wife, Plaintiffs v, ANGELA MILONOPOl1LOS, individually and Udlb/a LOWER ALLEN SHOPPING CENTER, THOMAS S NT"LAMS, individually and Ud/b/a LOWER ALLEN SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ALLEN SHOPPING CENTER, MICHAEL fN'fRIER1,rndividuallyand Ud/h/a STEPHENSON'S TIRE & SERVICE, CENTER, PAMELA INTR[F.R[, individually and t/d/b/u STEPHENSON'S TIRE & SERVICE CENTER, and TRIANGLE CAR WASH, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.99-I3 CIVIL CIVIL ACTION -LAW WITHDRAWAL. OF APPEARANCE, TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants Angela Milonopoulos, Thomas S. Ntzanis, George S, Ntzanis, individually and t/d/b/a Lower Allan Shopping Center in the above-captioned matter, Date: ~~~'~~ ~~~/S ARON M. O'DONNELL 1 0 Pinc Street, Fourth Floor Box 803 arrisburg, PA 17108 Attomey I.D. k 79457 Attorney for Defendants Angela Milonopoulos, Thomas S~ Ntzanis, George S. Ntzanis, individuallycnd Ud/b/a Lower Allen Shopping Cenler MARTIN SHULTZ and , MARILYDI SHULTZ, husband and wife, , Plaintiff's v, ANGELA MILONOPOULOS, individually ; and t/d/b/u LOWER ALLEN SHOPPING CENTER, THOMAS S NTZANIS, , individually and Ud/h/a LOWER ALLEN , SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a LOWER ; ALLEN SHOPPING CENTER, MICHAEL INTRIERI, individually and t/dPo/a , STF,PFIENSON'S TIRE & SERVICE , CENTER, PAMELA INTRIERI, , individually and t/d/b/a S'I'EPHENSON'S , TIRE & SERVICE CENTER, and TRIANGLE CAR WASH, INC„ , Dofendants , IN THE COURT OF COMMON PLEAS CUMBF;RLAND COUNTY, PENNSYLVANIA NG, 99-93 CIVIL CIVIL ACTION -LAW PRAECIPF. FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY; Kindly enter my appearance on behalf of Defendants Angola Milonopoulos, Thomas S. Ntzanis, George S. Ntzanis, individually and t/d/b/a Lower Allen Shopping Center in the above- captioned matter. BERLON & TIMMEL Date: 1~ - 4Go-~`-' . GREG E. CASSIMATIS 4999 ise Drive, Suite 103 Mechanicsburg, PA 17055 Attomcy I,D. # 49619 Attorney for Defendants Angela Milonopoulos, Thomas S. Ntzanis, George S, Ntzanis, individually and t/d/b/a Lower Allen Shopping Center t ... ,.. k' ... u~ ~' `... [~; wail .~ ~ T ~): 1 ~,. N 1~,~ . ~ i%.4I w-• ~ .Y .. ,~7i7 ' ~ „_t - , t'. ~~ MARTIN SHUI.I"L and IN THE COIJR'1' OI' COMMON PLEAS MARILYN SHIJL'f"!., husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs , v. , V ANGELA MILONOPOULOS, individually ; and Ud/b/u E.OW R ALh~EN SHOPPING CENTER,'1'EIO~AS S NTZANIS, individually and 1/d/b/u LOWER ALLEN SHO}'FiNG CENTER, GEORGE S. NTZ NIS, individually and Ud/1~/u LOWER ALLEN SF{OPI'1NG CENTER, MICHAEL 1NTRfBRI, individually and ud/b/u STEPHENSON'S TIRE & SERVICE CENTER, PAMELA INTRIERI, , individually and t/d/b/a STEPHENSON'S • TIRE & SERVICE CENTER, and TRIANGLE CAR WASH, INC., Defendants , NO. ))-93 CIVIL ACTION -LAW AND GEORGE S. NTZANIS, INll1VIDUALLY AND t/drb/a GOWER ALLEN SHOPPING CENTER It is hereby stipulated and agreed by and between counsel for all parties that the above-captioned mutter should he marked, "Disconlined and Einded as to Defendants, Angola Milonopoulos, Thomas S. Ntzanis, and George S. Ntzanis, individually and t/d/b/a Lower Allen Shopping Canter, only." Date: ~~,~ W. ScottrLle ning,'L~~tire ~ Attorney Handler, 1-lenning & Rosenberg 319 Markrt Street, PO Box 1177 Harrisburg, PA 17108 Attorney for Plaintiffs / !/ i, ,~ . ~+ ~ , . Date, r~=~~ dregor .assimutis, Esyuirc Attorncy ID # 49619 l3erlon &'1'immcl 4999 Louisc Urivc Suite 103 Mechttnicsbtu•g, PA 17055 Attorney for Defcndants, Trlnngle Car Wash, Inc., Angola Milonopoulos, Thomas S, Ntrttnis, and deorgc S, Ntznnis, individually and t/d/b/a Lowcr Allen Shopping Cen-er i ' Thomas B. Sp ru` ug squ Attorney ID # 64584 driffith, Strickler, Lerman, Solymos & Calkins 10 S, Northern Way York, PA 1740'l Attorney for Defendants, Pamela and Michael ~' Intreri, individually and t/d/b/a Stephenson's Tire & Service Censer MARTIN SHULTZ and IN THE COURT OF COMMON PLEAS MARILYN SHULTZ, hueband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintlffa N0, 99-93 v, ANGELA MILONOPOULOS, indivlduelly ; and t/d/b/a LOWER ALLEN SHOPPING ; CENTER, THOMAS S, NTZANIS, , indivlduelly and t/dlbla LOWER ALLEN JURYTRIAL DEMANDED SHOPPING CENTER, GEORGE S. NTZANIS, individually and t/d/b/a , LOWER ALIEN SHOPPING CENTER, , MICHAEL INTRIERI, individually and , t/d/b/a STEPHENSON'S TIRE & , SERVICE CENTER, PAMELA INTRIERI, ; indivlduelly and t/d/bla , STEPHENSON'S TIRE & SERVICE , CENTER and TRIANGLE CAR WASH, CIVIL ACTION -LAW INC., , Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA; Please mark the above-captioned action as settled and dlacontinued. Respectfully Submitted, HANDLER, HENNING & ROSENBERG Dote; ~_. By, - W. of enning, Esc LD.-$`32298 319 Market Street P.O. Box 1177 Harrisburg, P 17108 (717) 23 000 Attarne for Plaintiff R (~) fI s. .,U 1.., t t . t,l. r 1 ",i s f r .`5 r51 _ .. . ~~ ~. Li.. , l -r (, 7 <,