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HomeMy WebLinkAbout01-6409 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants IN THE COURT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION-LAW CIVIL TERM JURY TRIAL DEMANDED COMPLAINT COUNT I Rose Brown, Plaintiff v. Courtyards of Carlisle AND NOW, comes the Plaintiff, Rose Brown, by her attorney, Stephen J. Hogg, Esquire who file this Complaint as follows: 1. Plaintiff Rose Brown, is an adult individual who resides at 9 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Courtyards of Carlisle is a domestic non-profit condominium association doing business in the Thirteen Hundred block of North West Street, Carlisle, Cumberland County, Pennsylvania. 3. Your Towne Builders, Inc. is a domestic corporation doing business at 2137 Embassy Drive, Lancaster, Lancaster County, Pennsylvania. LAW O;;ICE$ OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Jack Gaughen is a domestic corporation doing business at 1068 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. On or about March 11, 2000, and for sometime prior thereto, Defendant Courtyards of Carlisle was engaged in the business of selling condominium properties in the Thirteen Hundred block of North West Street in the Borough of Carlisle, Cumberland County, Pennsylvania and in connection with such business the Defendant Courtyards of Carlisle was in possession and control of an office and a model unit, as well as the common areas at this location. On or about March 11, 2000, Plaintiff was lawfully on the premises of Defendant Courtyards of Carlisle office for the express purpose of viewing the model condominium unit. In order to facilitate traveling from the office to the adjoining model unit, Defendant Your Towne Builders constructed a set of two steps between the outside driveways of the two units. The two steps were constructed in such a way that the top step was not flush with the adjoining blacktop driveway but was approximately 7 inches lower. On or about March 11, 2000, at or about 3:00 P.M., the Plaintiff went to the office of Defendant Courtyards of Carlisle for a previously arranged appointment to view the model unit. Plaintiff 2 LAW OFFICES OF STEPHEN j. HOGG lg S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 was accompanied by her son, Victor Brown, and his friend, Pam Eckenrode. 9. At the aforementioned date and time, the Plaintiff, Mr. Brown, Ms. Eckenrode and Robert Foster of Defendant Jack Gaughen Realtors left the office unit to view the model unit next door. 10. While traversing the steps between the office unit and the model unit, the Plaintiff tripped on the raised portion of the driveway above the top step and severely injured her left knee. 11. Plaintiff was shaken but continued her tour of the model unit. 12. Approximately one week later, on or about March 18, 2000, the Plaintiff sought medical treatment from her family doctor in Long Beach, New York. 13. Eventually, the Plaintiff's injuries from the aforementioned fall required an arthroscopy, meniscectomy and open excision of the left knee on July 5, 2000. 14. At all times relevant to this matter, the Defendant had a duty to construct and maintain common areas of the condominium premises in a reasonably safe manner for the use of persons such as Plaintiff likely to be on the premises and further to warn Plaintiff that the top step was not even with the driveway. 15. The PlaintifFs injuries to her left knee were proximately caused by the aforementioned fall due to the negligence, carelessness and recklessness of Defendant Courtyards of Carlisle as follows: LAW OFFICES OF STEPHEN j. HOC~ 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 1. Failing to comply with PM303.3 of the BOCA Code, adopted by the Borough of Carlisle, which directs that sidewalks, stairs etc. be kept and maintained free from hazardous conditions; 2. Failing to inspect the stairs for defects; 3. Failing to insure the steps were constructed in a safe and proper manner; 4. Failing to otherwise comply with the Carlisle Borough Building Code Regulations; and 5. Otherwise failing to exercise due diligence in the construction and placement of the steps without negligence, carelessness and recklessness toward the Plaintiff and all persons using the steps who would likely to be injured thereon. 16. At all times relevant to this matter, Plaintiff exercised due care for her own safety while on the Defendant's premises. 17. Plaintiff's injuries from the fall caused her to be unable to stand and walk without significant pain and resulted in her forced separation from her usual employment as a clerk. Wherefore, Plaintiff demands judgment in her favor and against Defendant for past and future medical treatment, past and future wage loss, past, present and future pain and suffering, costs of suit and such other relief as this Court deems just and proper. LAW OFFICES O~ STE]'H~Z~T j. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 COUNT II Rose Brown, Plaintiff v. Your Towne Builders 18. Paragraphs 1-17 as set forth above are incorporated herein. 19. Plaintiff's injuries to her left knee were proximately caused by the aforementioned fall due to the additional negligence, carelessness and recklessness of Defendant Your Towne Builders as follows: 1. Failing to place the steps in a safe and secure position and allowing a defective condition to exist for persons using the steps to travel between the office unit and model unit. 2. Failing to place warning signs or other warning devices alerting persons using the steps that the top step was not flush with the adjoining macadam driveway. 20. Otherwise failing to exercise due diligence in the construction and placement of the steps without negligence, carelessness and recklessness toward the Plaintiff and all persons using the steps who would likely to be injured thereon. Wherefore, Plaintiff demands judgment in her favor and against Defendant for past and future medical treatment, past and future wage loss, past, present and future pain and suffering, costs of suit and such other relief as this Court deems just and proper. LAW O;;ICE$ OF ST~PI~ J. H~ 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 COUNT III Rose Brown, Plaintiff v. Jack Gaughen Realtors 21. Paragraphs 1-20 as previously set forth are incorporated herein. 22. Plaintiffs injuries to her left knee were proximately caused by the aforementioned fall due to the additional negligence, carelessness and recklessness of Defendant Jack Gaughen Realtors as follows: 1. Failing to verbally warn the Plaintiff or otherwise make her aware of the existence of the dangerous condition on the steps. VVherefore, Plaintiff demands judgment in her favor and against Defendant for past and future medical treatment, past and future wage loss, past, present and future pain and suffering, costs of suit and such other relief as this Court deems just and proper. Date: Stephen J. Hog/~., .~quire Attorney for Pla~r~tiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 6 LAW OFFICES OF STEPI-IEN j. HOGG lg S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. Date ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ; :DOCKET NO. 01-6409 : :CIVIL TERM :JURY TRIAL DEMANDED ; NOTICE TO PLEAD To: Rose Brown c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 Your Towne Builders, Inc. 2137 Embassy Drive, Ste. 210 Lancaster, PA 17603 You are hereby notified to file a written response to the enclosed Answer and New Matter and Cross Claim to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. SAUL EWING LLP Date: December 11, 2001 Paige Macdonald-Matthes Attorney ID No. 66266 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorney for Defendant Gaughen ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ; :DOCKET NO. 01-6409 : :CIVIL TERM : : :JURY TRIAL DEMANDED ; DEFENDANT JACK GAUGHEN REALTOR'S ANSWER TO PLAINTIFF'S COMPLAINT~ TOGETHER WITH NEW MATTER AND CROSS-CLAIM AND NOW, comes Defendant Jack Gaughen Realtors[sic], by and through its counsel, Saul Ewing, LLP, and files its Answer, Together With New Matter and Cross-Claim to Plaintiff's Complaint, and in support thereof avers as follows: COUNT I Rose Brown~ Plaintiff v. Courtyards of Carlisle The averments set forth in Count I of Plaintiff's Complaint are not addressed to Defendant Gaughen CGaughen"), and thus no response is required. To the extent that averments set forth in Count I may indirectly be addressed to Gaughen, or in the event that it is later judicially determined that answer is so required, Gaughen avers as follows: 1. Adimt. 2. Gaughen is without knowledge sufficient to form a belief as to the truth of the averments set forth in paragraph 2 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. Gaughen is without knowledge sufficient to form a belief as to the truth of the averments set forth in paragraph 3 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 4. Denied as stated. To the contrary, Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA is a Pennsylvania business corporation having its principal place of business located in Camp Hill, Pennsylvania. 5. Gaughen is without knowledge sufficient to form a belief as to the truth of the averments set forth in paragraph 5 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 6. Admit. 7. Admitted in part and denied in part. It is admitted that there are a set of two steps between driveways of the two units. Gaughen is without knowledge to form a belief as to the truth of the balance of the averments set forth in paragraph 7 of Plaintiff's Complaint and strict proof, if relevant, is demanded at the time of trial. 8. Admit. 9. Admit. 10. Admitted in part and denied in part. It is admitted that Plaintiff tripped while traversing the steps between the office unit and the model unit. Gaughen is without knowledge to form a belief as to the truth of the balance of the averments set forth in paragraph 10 of Plaintiff's Complaint and strict proof, if relevant, is demanded'at the time of trial. 11. Admitted in part and denied in part. It is admitted that Plaintiff continued her tour of the model unit. It is denied that Plaintiff "was shaken". By way of further reply, Plaintiff insisted that she was "fine." 12. Gaughen is without knowledge sufficient to form a belief as to the truth of the averments set forth in paragraph 12 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 13. Gaughen is without knowledge sufficient to form a belief as to the truth of the averments set forth in paragraph 13 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 14. The averments set forth in paragraph 14 of Plaintiff's Complaint are not addressed to Gaughen and consequently no response is required. By way of further reply, the averments set forth in paragraph 14 of Plaintiff's Complaint state conclusions of law. 15. The averments set forth in paragraph 15 of Plaintiff's Complaint are not addressed to Gaughen and consequently no response is required. By way of further reply, the averments set forth in paragraph 14 of Plaintiff's Complaint state conclusions of law. 16. Gaughen is without knowledge sufficient to form a belief as to the truth of the averments set forth in paragraph 16 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the tune of trial. 17. Gaughen is without knowledge sufficient to form a belief as to the troth of the averments set forth in paragraph 17 of Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 86184.112/11~O1 -3- WHEREFORE, Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such other relief as is proper and just. COUNT II Rose Brown, Plaintiff v. Your Towne Builders The averments set forth in Count II of Plaintiff's Complaint are not addressed to Gaughen, and thus no response is required. To the extent that averments set forth in Count II may indirectly be addressed to Gaughen, or in the event that it is later judicially determined that answer is so required, Gaughen avers as follows: 18. The answers set forth in paragraphs 1 through 17 are incorporated by reference as if more fully set forth at length herein. 19. The averments set forth in paragraph 19 of Plaintiff's Complaint are not addressed to Gaughen and consequently no response is required. By way of further reply, the averments set forth in paragraph 19 of Plaintiff's Complaint state conclusions of law. 20. The averments set forth in paragraph 20 of Plaintiff's Complaint are not addressed to Gaughen and consequently no response is required. By way of further reply, the averments set forth in paragraph 20 of Plaintiff's Complaint state conclusions of law. WHEREFORE Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such other relief as is proper and just. COUNT III Rose Brown, Plaintiff v. Jack Gaughen Realtors [sic] 21. The answers set forth in paragraphs 1 through 20 are incorporated herein by reference as if more fully set forth at length. 22. Denied. It is denied that "Plaintiff's injuries to her left knee were proximately caused by the aforementioned fall due to the 'additional negligence, carelessness and recklessness of Defendant Jack Gaughen Realtors [sic],'" or that Gaughen "fail[ed] to verbally warn the Plaintiff or otherwise make her aware of the existence of the dangerous condition on the steps." WHEREFORE, Defendant Jack Gaughen, Inc. t/dfo/a Jack Gaughen Realtor ERA respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such other relief as is proper and just. NEW MATTER 23. The answers set forth in paragraphs 1 through 22 are incorporated herein by reference as if more fully set forth at length. 24. Gaughen did not breach or violate any duty or obligation it may have had with respect to Plaintiff. 25. Plaintiff's alleged injuries and losses, if any, were caused by actions or events outside the control of Gaughen. 26. Plaintiff's injuries and losses, if any, were caused by acts or omissions of a person or persons other than Gaughen. 27. Plaintiff has failed to state a cause of action against Gaughen for which relief may be granted. 28. If Plaintiff establishes that she has suffered injuries and damages as alleged in her Complaint, which allegations Gaughen specifically denies, said injuries and damages were caused solely by the negligence, recklessness and carelessness of Defendant Courtyards of Carlisle and/or Defendant Your Towne Builders, Inc., by their acts and omissions. 29. If, as a result of the matters alleged in the Plaintiff's Complaint, Gaughen is liable to Plaintiff for all or such injuries or damages as she may have sustained, Defendant Courtyards of Carlisle and Defendant Your Towne Builders, Inc. are the parties primarily liable for such injuries and damages and are liable over to Gaughen by way of contribution or indemnification for all such damages as may be required to be paid to Plaintiff. WHEREFORE, Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff, dismiss Plaintiff's Complaint with prejudice, and further award Gaughen all such other relief as is proper and just. CROSS CLAIM PURSUANT TO Pa R.C.P. 2252(d) DIRECTED TO COURTYARDS OF CARLISLE AND YOUR TOWNE BUILDERS~ INC. 30. The answers and averments set forth in paragraphs 1 through 29 are incorporated by reference as if more fully set forth at length herein. 31. Should Gaughen be found liable to Plaintiff in any way, Gaughen avers that any and all liability arising from the Plaintiff's allegations is the result of acts and/or omissions made by Defendant Courtyards of Carlisle and/or Your Towne Builders, Inc., who are solely liable to the Plaintiff. Alternatively, Defendant Courtyards of Carlisle and/or Your Towne Builders, Inc. may be jointly or severally liable for Plaintiff's injuries and/or damages, if any, and accordingly, Gaughen asserts a claim for contribution from Defendant Courtyards of Carlisle and/or Your Towne Builders, Inc. WHEREFORE, Defendant Jack Gaughen Realtor ERA respectfully requests that this Honorable Court enter judgment in its favor and against Defendants Courtyards of Carlisle and Your Towne Builders, jointly and severally, plus interest and costs of suit, and grant such other relief as is proper and just. Date: December 11, 2001 Respectfully Submitted, SAUL EWING LLP Paige Macdonald-Matthes Attorney ID No. 66266 2 North Second St., 7~ Floor Harrisburg, PA 17101 (717) 238-7675 Attorney for Defendant Gaughen I, Foren $~one, ~xecutiw Vice Presidcn~ of ~ack O~ughen, Ino., b~ing subject to th~ penSities of 18 Pa.C.S. ~,$904 relalin$ to lrnltWO~"]~, fs]~tflc~tlon to authorities, hereby sine that the sot forth in the foregoins ~che~ Answer To Plaintiff's Complain, Together Wi~h New Manet And Cross-Claim are t~ue trod corrcct to the best of my knowledge, information belie£ JAC~N, INC. l~,,,~_F.~:u~iw V.P. ~o~ TOTflL 1~.10 ~c~ CERTIFICATE OF SERVICE I, Aimee J. Albright, assistant to Paige Macdonald-Matthes, Esquire, hereby certify that on this 11~ day of December 2001, I served a true and correct copy of the foregoing Answer To Plaintiff's Complaint, Together With New Matter And Cross-Claim, via Certified Mail upon the following: Rose Brown c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 Your Towne Builders, Inc. 2137 Embassy Drive, Ste. 210 Lancaster, PA 17603 ~imee J. A~brig}~t - ' / ROSE BROWN, Plaintiff, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendant. : CIVIL ACTION - LAW : JANUARY 2001 : : NO. 01-6409 CIVIL .Entry of Appearance TO THE PROTHONOTARy: Kindly enter the appearance of the undersigned on behalf of the Defendant Courtyards of Carlisle. DATED: December 14, 2001 LAW O~ES OF JESSE R. RUHL By: /j~d,~~~ ~/? 2 s~R2mYne~e; ~.dD .R~Uhs15798 350 West Market Street York, PA 17401 (717) 854-0066 (717) 854-4339 Attorney for Defendant Courtyards of Carlisle Certificate of Service I hereby certify that on December 14, 2001, a true and correct copy of the foregoing Entry of Appearance was served by first class mail, postage prepaid, upon the following: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 AMENDED CERTIFICATE OF SERVICE I, Aimee J. Albright, assistant to Paige Macdonald-Matthes, Esquire, hereby certify that on this 14~ day of December 2001, I served a txue and correct copy of the foregoing Answer To Plaintiff's Complaint, Together With New Matter And Cross-Claim, via Certified Mail upon the following: Courtyards of Carlisle P.O. Box 1806 Lancaster, PA 17608 ~(~mle~ J. Alb~ght ~ L~W OFFICES OF STEPH~J. 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants : IN THE CO,URT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION-LAW : : NO. OI- ~'~ o~' : CIVIL TERM : : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF JACK GAUGHEN REALTORS, DEFENDANT 23. Plaintiff again asserts Paragraphs 1-22 of the Complaint in response herein. 24. It is denied that Defendant Jack Gaughen Realtors did not breach or violate any duty or obligation it may have had with respect to Plaintiff. 25. It is denied that Plaintiff's injuries and losses as set forth in paragraphs 1-22 of the Complaint were caused by actions or events entirely outside the control of Defendant Jack Gaughen Realtors. 26. It is denied that Plaintiff's injuries and losses as set forth in paragraphs 1-22 of the Complaint were caused solely by acts or omissions of a person or persons other than Defendant Jack Gaughen Realtors. 27. The averments set forth in this paragraph state a conclusion of law to which no response is required. Plaintiff does, however, STEPI-IEN J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 assert that a cause of action in negligence has been raised by the allegations in the Complaint against Defendant Jack Gaughen Realtors. 28. It is denied that Plaintiffs injuries and damages were caused solely by the negligence, recklessness and carelessness of Defendant Courtyards of Carlisle and/or Defendant Your Towne Builders, Inc. by their acts and omissions. Plaintiff asserts that Defendant Jack Gaughen Realtors was also negligent, reckless or careless in causing Plaintiff's injuries and damages. 29. The averments set forth in this paragraph state a conclusion of law to which no response is required. Wherefore, Plaintiff demands judgment in her favor and against Defendant Jack Gaughen Realtors for past and future medical treatment, expenses, past and future wage loss, past and future pain and suffering, costs of suit and such other relief as this Court deems just and proper. Date: VERIFICATION I verify that the statements made in this Answer to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. Date STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN ROSE VS COURTYARDS OF CARLISLE ET AL R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT , to wit: COURTYARDS OF CARLISLE but was unable to locate Them in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and He therefore Pennsylvania, to On December 27th , 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 33.95 Mileage 3.25 74.20 12/27/2001 STEPHEN HOGG Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of~ A.D. SHERIFF'S RETURN CASE NO: 2001-06409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN ROSE VS COURTYARDS OF CARLISLE ET AL Thomas Kline - OUT OF COUNTY Ro duly sworn according to law, and inquiry for the within named DEFENDANT YOUR TOWNE BUILDERS INC but was unable to locate Them in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , tO wit: He therefore Pennsylvania, to On December 27th , 2001 , this office was in receipt of the attached return from I2~NCASTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 Dep Lancaster Co 33.95 .00 49.95 12/27/2001 STEPHEN HOGG Sheriff of Cumberland County Sworn and subscribed to before me this 2~(~ day o~ / · Prothonotary! - SHERIFF'S RETURN - C~SE NO: 2001-06409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN ROSE VS COURTYARDS OF CARLISLE ET AL REGULAR J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GAUGHEN JACK REALTORS the DEFENDANT , at 1420:00 HOURS, at 1068 HARRISBURG PIKE CARLISLE, PA 17013 JAMES KREIBEL, MANAGER on the 21st day of November , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this 24. day of f ~Pro~honotary' z / So Answers: R. Thomas Kline 12/27/2001 STEPHEN HOGG ~/ Deput~-k3~heriff SHERIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t. PLAiNTIFF/S/ Rose Brown 3 DEFENDANT/S/ Courtyards of Carlisle et al SERVE 4" 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC., TO BE SERVED. Courtyards of Carlisle c/o The Dragaris Co. AT 6. ADDRESS (Street or RFP, Apartment NO., City, Boro. Twp, State and ZIP Code) 33 N. Market St. Lancaster, PA 7 INDICATE UNUSUAL SERVICErS[DEPUTIZE [] OTHER C~ber~La~d Now, No'v'~be~ 21 .~(2001 , I, SHERIFF OF LANCASTER COUNTY, PA., do he.[reby..p;leputize the ~S~,er~, of '~,~nc'~'l*~r County to execute this to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ck~nberland NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watch man, in custody of whomever is found in possession, after notifying person of ~evy or attach ment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before shedff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR STEPHEN J HOGG 10. TELEPHONE NUMBER 11. DATE (717) 245-2698 11/13/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This ares must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF'S OFFICE 13, I acknowledge receipt of the writ or complaint as indicated above, t NAME of Authorized LCSO Deputy or Clerk .a,/q~ETTE WALTON 71 7-295-3609 14. Date Received 11/30/01 16. I hereby CERTIFY and RETURN that I [] have personally served, I~J~ve legal evidence of service as shown in 'Remarks", [] have executed as shown in "Remarks'. the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc. at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) \ 119. 20 Address of where served comolete only if different than shown above) (Street or RFD, Apartment No.,City, Soro,Twp. Stale and Zip Code) place pi abode 24. Advance Costs /25. Service Costs 26. ary C . 27. MileagelPostagelN.F. 28. Total C sts 30. REMARKS: 21 Date of Service 22 Time Miles Dap. Int. 29. COET DUE OR REFUND 31. AFFIRMED and subscribed to before me this day of Prothonotary/ MY COMMISSION EXPIRES 38. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 33 Date SHERIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t. PLAINTIFF/S/ Rose Brown 3 DEFENDANT/S/ Courtyards of Carlisle et al SERVE 5. NAME OF iNDIVIDUAL COMPANY, CORPORATION, ETC., TO BE SERVED. Your Towne Builders, Inc. 2137 Embassy Drive AT 6, ADDRESS (Street or RFD, Apartment NO., City, Soro, Twp., State and ZIP Code) Lancaster, PA 7. INDICATE UNUSUAL SERVlCE~(~ DEPUTIZE O OTHER CLr~berl and Now, NOV~Der ~L9 20 0~- , I, SHERIFF OF ~ COUNTY, PA., do ~ere~ deputize the S~J~r~jff of Lancaster County to execute this ~.r.~return [herej~rrding to law. This deputation being made at the request and risk of the plaintiff. ~ ~'~'~-~' ~,,~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shedff levying upon or attaching any property under within wdt may leave same without a watch man. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof .. a,G.ATU.ES EP S.°' A..O..EY ESQ or o,h.r O.,O,.ATO. t t. DA /1 /01 12. BEND NOTICE OF BERVICE COPY TO NAME AND ADDRESB BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SEERIFF'S OFFICE 13.1acknowledgereceipfofthewrit ANNETTE WALTON 717-295-~609 or complaintas indicated above. } NAME of Authorized LCSO Depu or Clerk f14.1/26/01 Date Received 15. Expiration/Hearing 12/14/01 date 16. I hereby CERTIFY and RETURN that I [] have personally served [] have legal evidence of service as shown n "Remarks", [] have executed as shown n "Remarks", the writ or complaint described on the individual company, corporation, etc.. a the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, n~ed above. (See remarks below) f 8. Name and title of individual served (if not shown above) (Relationship to Defendant) 20 Addressofwhereserved (completeonlyifdifferentthanshownabove) (Street orRFO,ApartmentNo..City, Boro. Twp. 21. Date of Service 22 Time State and Zip Code) I ii~T 23. ATTEMPTS Data Miles Dap. Int. Oat, e Mllel IOep.~t. Data Mlfel Dap. Iht. Date Mi es ~ Dap. Int. J Del M es Dap Int. 4. vance psis 25. Sewice Costs 26. Nota~ Ced, 27. MileagelPosta el .E 28 Total C ts 29, ~ST DUE OR REFUND ,o0.00 30. REMARKS: 31. AFFIRMED and su~b~cribed t(cribed to before 34. day of ~*~ ~ / 'eth,, /7 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants : IN THE COURT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION-LAW : : NO. 01-6409 : CIVIL TERM : : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please reinstate the attached Complaint in the above captioned matter to be served upon Defendant Your Towne Builders, Inc. at 2137 Embassy Ddve, Lancaster, Pennsylvania. Thank you for your attention in this matter. Date: ,,,, ~'/~//~Z_ /'stePhen J. Hogg, ~l~ire LAW OFFICES OF STEPItEN J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Jesse R. Ruhl, Esquire Attorney I.D. No. 55798 350 West Market Street York, PA 17013 (717)854-0066 ROSE BROW~N, Plaintiff, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED REPLY TO NEW MATTER AND CROSS CLAIM OF DEFENDANT JACK GAUGHEN REALTORS BY COURTYARDS OF CARLISLE NOW COMES Defendant Courtyards of Carlisle, by its counsel, Jesse Raymond Ruhl, Esquire, and files the within Reply to New Matter and Cross Claim of Defendant Jack Gaughen as follows: 23. The averments contained in paragraph 23 of Defendant's New Matter require no response. 24. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 24 of Defendant's New Matter. Strict proof thereof, if relevant, is demanded at trial. 25. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 25 of Defendant's New Matter. Strict proof thereof, if relevant, is demanded at trial. 26. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in ' r paragraph 26 of Defendant s New Matte. Strict proof thereof, if relevant, is demanded at trial. 27. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 27 of Defendant's New Matter. Strict proof thereof, if relevant, is demanded at trial. 28. Denied. It is specifically denied that any of Plaintiff's injuries, all of which are denied, were caused by the negligence, recklessness and/or carelessness of Responding Defendant by its acts or omissions, all of which is denied. 29. Denied. It is specifically denied that Responding Defendant is the party primarily liable for Plaintiff's injuries. It is also denied that Responding Defendant is liable over to Gaughen by way of contribution or indemnification for any damages required to be paid to Plaintiff, all of which is denied. WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and against Plaintiff, together with costs of suit. REPLY TO CROSS CLAIM 30. The averments contained in paragraph 30 of Defendant Gaughen's Cross Claim require no response. 31. Denied. It is specifically denied Defendant Courtyards of Carlisle is solely liable to Plaintiff as a result of acts and/or omissions of Replying Defendant. It is also denied that Defendant may be jointly or severally liable for Plaintiff s injuries and/or damages, all of which is denied. 3 WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and against Plaintiff, together with costs of suit. DATED: January 17, 2002 LAW OFFICES OF JESSE RAYMOND RUHL By: ~' Ae Raymond Ruhl, Esquire ttomey I.D. # 55798 350 West Market Street York, PA 17013 (717) 854-0066 (717) 854-4339 (fax) Attorney for Defendant Courtyards of Carlisle Certificate of Service I hereby certify that on January 17, 2002, a true and correct copy of the foregoing Answer with New Matter and Cross Claim was served by first class mail, postage prepaid, upon the following: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 Paige Macdonald-Mathes SAUL EWING LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 Your Towne Builders 2137 Embassy Drive Lancaster, PA 17604 J Ruhl BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Maa: bkronthal@margolisedelstein.com Attorneys for Your Towne Builders, Inc. File# ROSE BROWN Plaintiff V COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED To: Jack Gaughen Realtors c/o Paige Macdonald-Matthew 2 North Second Street, 7® Floor Harrisburg, PA 17101 Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER, NEW MATTER AND CROSSCLAIMS OF DEFENDANT, YOUR TOWNE BUILDERS, INC., within twenty (20) days from service hereof, or a default judgment may be entered against you. DATE: ////.~ l/~)~-.- BJ~Y A. KRONTHAL Attorney I.D. #55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margollsedelstein.com Attorneys for Your Towne Builders, Inc. Fileg ROSE BROWN Plaintiff V COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT YOUR TOWNE BUILDERS. INC., TO THE CROSS-CLAIM OF DEFENDANT. JACK GAUGHEN REALTORS AND NOW, comes Defendant, Your Towne Builders, Inc. ("Your Towne Builders"), by and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter to the Cross-Claim of Defendant, Jack Gaughen Realtors ("Jack Gaughen"), averring the following in support thereof: ANSWER TO CROSSCLAIM PURSUANT TO PA. R.C.P. 2252(d) DIRECTED TO COURTYARDS OF CARLISLE AND YOUR TOWNE BUILDERS. INC, 30. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, Your Townc Builders, incorporates by reference herein as if set forth in their entirety, all answers filed in response to the Complaint of Plaintiff, Rose Brown ("Plaintiff"). 31. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. WHEREFORE, Your Towne Builders, Inc., demands judgment in its favor and against Defendant, Jack Gaughen Realtors, with costs assessed to Jack Gaughen Realtors. 32. The answers contained in paragraphs 30 and 31 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 33. Plaintiff's claims, if any, are barred by the applicable statute of limitations. 34. Plaintiffs claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 35. Plaintiff has failed to state a claim upon which relief can be granted. 36. Plaintiffs claims, if any, are barred by her failure to mitigate her damages. 37. Plaintiff's injuries and/or damages, if any, were proximately and directly caused by the negligent, careless and/or reckless conduct of persons and/or entities over whom Your Towne Builders had no control and for whom Your Towne Builders is not legally or otherwise responsible. 38. At all times relevant hereto, the subject area where Plaintiff allegedly fell, was properly designed, constructed and/or maintained in accordance with all relevant standards and statutory and code provisions, and did not pose a danger in anyway to Plaintiff or any other persons. 39. To the extent that there was a hazardous or dangerous condition in the subject area which is specifically denied, then Your Towne Builders did not have notice or have reason to have notice of said condition. 40. It is specifically denied that Plaintiff was a business invitee. 41. At all times relevant hereto, all reasonable and necessary safety precautions were taken in the area where Plaintiff allegedly fell. 42. Jack Gaughen has failed to state upon which relief can be granted. 43. Jack Gaughen's claims, if any, are barred by the applicable statute of limitations. WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor and against Defendant, Jack Gaughen Realtors, with costs assessed to Jack Gaughen Realtors. CROSS-CLAIM PURSUANT TO PA. R.C.P NO. 2252(d) YOUR TOWN BUILDERS. INC. V. COURTYARDS OF CARLISLE AND JACK GAUGHEN REALTORS 42. The answers contained in Paragraphs 30 through 43 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. Further, the allegations set forth against Defendants, Jack Gaughen Realtors and Courtyards of Carlisle ("collectively referred to as "Defendants"), in Plaintiff's Complaint are incorporated by reference herein, without admission or adoption, as if set forth in their entirety. 43. The negligence, recklessness, and/or carelessness of Defendants exceeds any negligence on the part of Your Towne Builders, with the existence of any negligence on the part of Your Towne Builders being expressly denied. 44. Your Towne Builders aver that Defendants are solely liable to Plaintiff on her cause of action. 45. Alternatively, if it is determined that Your Towne Builders is liable to Plaintiff, with said liability being specifically denied, then Defendants are jointly and severally liable with Your Towne Builders on Plaintiff's cause of action and/or Defendants are liable over to Your Towne Builders by way of contribution. WHEREFORE, to the extent that Plaintiff, Rose Brown, is entitled to recover on her Complaint, Defendant, Your Towne Builders, Inc., demands judgment against Defendants, Courtyards of Carlisle and Jack Gaughen Realtors, on the basis that they are solely liable to Plaintiffon Plaintiff's cause of action, liable over to Your Towne Builders by way of contribution and/or jointly and severally liable with Your Towne Builders on Plaintiff's cause of action, with any liability on the part of Your Towne Builders, Inc. being expressly denied. D:\I Selective lnsuranee~RoseBrown. Answer, 1-31-02.wpd MARGOLIS EDELSTEIN ~quire 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~ [ day of k_~~02, served a true and correct copy of the foregoing upon the pe~/son(s) and in the manneg~nd~cated below: Service bv First Class Postage Prepaid. Addressed as Follows: Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 Paige Macdonald-Matthes 2 North Second Street, 7~h Floor Harrisburg, PA 17101 Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 D:\I Selective Insuran¢¢~RoseBrown. Answer. 1-31-02.wpd By: MARGOLIS EDELSTEIN Carol Moose I, Barry A. Kronthal, have read the foregoing Answer and New Matter. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification on behalf of my client. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: //,.~ I//~ ~.. / / D:\CaroI\Verifi cation. Attomcy.wpd Jesse R. Ruhl, Esquire Attorney I.D. No. 55798 350 West Market Street York, PA 17013 (717)8544)066 ROSE BROWN, Plaintiff, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO.: 01-6409 Civil Defendants. : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER COUNT I NOW COMES Defendant Courtyards of Carlisle, by its counsel, Jesse Raymond Ruhl, Esquire, and files the within Answer with New Matter to Plaintiff's Complaint as follows: Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 1 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. 2. Admitted. 3. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 3 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 4 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. Denied. It is specifically denied that Courtyards of Carlisle was in possession and control of an office and model trait, as well as the common areas at this location, all of which is denied. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 6 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. Denied. It is specifically denied that the two (2) steps were constructed in such a way that the top step was not flush with the adjoining blacktop driveway, and was approximately 7 inches lower, all of which is denied. 2 Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 8 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. 10. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 10 of Plaintiffs' Complaint. Strict proof thereof, ifrelevant, is demanded at trial. 11. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiffs' Complaint. Strict proof thereof, ifrelevant, is demanded at 12. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. 13. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs' Complaint. Strict proof thereof, ifrelevant, is demanded at trial. 14. Denied. The averments contained in paragraph 14 of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent a response is required, the averments are denied. 15. Denied. It is specifically denied that Plaintiff's injuries to her left knee, all of which are denied, were proximately caused by the negligence, carelessness and recklessness of Defendant Courtyards of Carlisle. It is also specifically denied that Defendant Courtyards of Carlisle was negligent by: 1. Failing to comply with PM303.3 of the BOCA Code, adopted by the Borough of Carlisle, which directs that sidewalks, stairs etc. be kept and maintained free from hazardous conditions; Failing to inspect the stairs for defects; 4 Failing to insure the steps were constructed in a safe and proper manner; Failing to otherwise comply with the Carlisle Borough Building Code Regulations; and Otherwise failing to exercise due diligence in the construction and placement of the steps without negligence, carelessness and recklessness toward the Plaintiff and all persons using the steps who would likely to be injured thereon, all of which are denied. 16. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 16 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. 17. Denied. After reasonable investigation, Courtyards of Carlisle is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 17 of Plaintiffs' Complaint. Strict proof thereof, if relevant, is demanded at trial. WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and against Plaintiff, together with costs of suit. 5 COUNT II Rose Brown v. Your Towne Builders 18-20. Answering Defendant is advised by Counsel that the averments contained in Count II of Plaintiffs Complaint are directed at Defendants other than Answering Defendant, and that a response thereto is not required. To the extent a response is deemed necessary, the averments are denied. WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and against Plaintiff, together with costs of suit. COUNT III Rose Brown v. Jack Gaughen Realtors 21-22. Answering Defendant is advised by Counsel that the averments contained in Count III of Plaintiffs Complaint are directed at Defendants other than Answering Defendant, and that a response thereto is not required. To the extent a response is deemed necessary, the averments are denied. WHEREFORE Defendant Courtyards of Carlisle demands judgment in its favor and against Plaintiff, together with costs of suit. 6 NEW MATTER 23. Plaintiff's injuries, all of which are denied, were caused by the acts or conduct of others for whom Answering Defendants assumed no responsibility or over whom Answering Defendant exercised no control. 24. Plaintiff's claims are barred in whole or in part by application of the statute of limitations. NEW MATTER CROSSCLAIM PURSUANT TO pa.R. Civ. P.2252(d) In the event Answering Defendant is held liable to Plaintiff, all of which is denied, then co-Defendants are liable over to Answering Defendant, jointly and/or severally liable with Answering Defendant to Plaintiff, and/or liable to Answering Defendant for contribution and/or indemnification. The bases of the liability of Co-Defendants to Answering Defendant are the Co-Defendants contractual obligations to Answering Defendant, their status as independent contractors, and their representations and warranties made to Plaintiff and Answering Defendant, if any. WHEREFORE Courtyards of Carlisle demands judgment in its favor and against Co- Defendants Your Towne Builders, Inc. and Jack Gaughen Realtors for contribution and indemnification. DATED: February 1, 2002 LAW OFFICES OF JESSE~~~UHL By: Je e~Ra~l, Esquire PA Attorney I.D. # 55798 350 West Market Street York, PA 17013 (717) 854-0066 (717) 854-4339 (fax) Attorney for Defendant Courtyards of Carlisle 8 VERIFICATION Jesse Raymond Ruhl, Esquire, states that he is the attomey for the Defendants hereto, that he is acquainted with the facts set forth in the foregoing Answer with New Matter and Cross Claim, that the Verification of the Answering Defendant could not be obtained in the time required for a response to be filed, that the facts set forth herein are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Jess~ Esqu~'~e Certificate of Service I hereby certify that on February 1, 2002, a tree and correct copy of the foregoing Answer with New Matter and Cross Claim was served by first class mail, postage prepaid, upon the following: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 Paige MacDonald-Mathes SAUL EWING LLP 2 North Second Street, 7~ Floor Harrisburg, PA 17101 YOUR TOWNE BUILDERS 2137 Embassy Drive Lancaster, PA 17604 J~.~6 l~a~ymond BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal~mar golisedelstein.com Attorneys for Your Towne Builders, Inc. File#38500.4-00036 ROSE BROWN Plaintiff v COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, 1NC., and JACK GAUGHEN REALTORS Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Your Towne Builders, Inc., with regard to the above-referenced matter. I am authorized to accept service on behalf of said participant in this matter. Date: ~D--/~/0 Barry M,,I~onthal I.D. No. 55672 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to Enter Appearance on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~)day of.~~02' and addressed as follows: Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 Paige Macdonald-Matthes 2 North Second Street, 7th Floor Harrisburg, PA 17101 Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 MARGOLIS EDELSTEIN Carol Moose ROSE BROWN, Plaintiff Vo COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED JACK GAUGHEN REALTOR'S REPLY TO NEW MATTER AND CROSSCLAIM FILED BY DEFENDANT COURTYARDS OF CARLISLE AND NOW, comes Defendant, Jack Gaughen Realtors ("Gaughen"), by and through its counsel, Saul Ewing LLP, and hereby files its Reply to New Matter and Crossclaim of Defendant Courtyards of Carlisle ("Courtyards") and in support thereof avers as follows: 23. Thc averments set forth in Paragraph 23 of Courtyards' New Matter state conclusions of law to which no response is required. 24. The averments set forth in Paragraph 24 of Courtyards' New Matter are addressed to Plaintiff and thus no response is required from Gaughen. WHEREFORE, Defendant Jack Gaughen Realtors demands judgment in its favor and against Defendant Courtyards of Carlisle, with costs assessed to Courtyards of Carlisle, and all such other relief as is proper and just. NEW MATTER CROSSCLAIM PURSUANT TO Pa. R.C.P. 2252(d) The averments set forth in the New Matter Crossclaim filed by Courtyards state conclusions of law to which no response is required. In the event that it is later judicially determined that an answer is so required, the averments set forth in the New Matter Crossclaim 87541.1 2/13102 of Courtyards are denied. It is denied that Gaughen is jointly and/or severally liable with Courtyards and/or Your Town Builders to Plaintiff, and it is further denied that Gaughen is liable to Courtyards of Carlisle for contribution and/or indemnification. By way of further reply, it is expressly denied that Gaughen made any representations and/or warranties to Plaintiff, or to Courtyards of Carlisle. WHEREFORE, Defendant Jack Gaughen Realtors demands judgment in its favor and against Defendant Courtyards of Carlisle, with costs assessed to Courtyards of Carlisle, and all such other relief as is proper and just. Date: February 13, 2002 Respectfully submitted, Paige Macdonald-Matthes Attorney ID No. 66266 SAUL EWING LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attomey for Jack Gaughen Realtors VERIFICATION I, Karen Stone, Executive Vice President of Jack Gaughen, Inc., being subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities, hereby state that the facts set forth in the foregoing attached Reply to New Matter and Crossclaim (filed by Courtyards of Carlisle) are tree and correct to the best of my knowledge, information and belief. Dated: February ~, 2002. BY: JACK GAUGHEN, INC. Ka( ~S~e, Executive V.P. 875411 2/4/02 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that on this 13th day of February, 2002, I served a true and correct copy of the foregoing Reply to New Matter and Crossclaim (filed by Courtyards of Carlisle) via Regular US Mail, upon the following: Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 Stephen J. Hogg, Esquire 19 S. Hanover St., Ste. 101 Carlisle, PA 17013 Barry A. Kronthal, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esquire 87541.1 2/13/02 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED JACK GAUGHEN REALTOR'S REPLY TO NEW MATTER AND CROSSCLAIM FIIJED BY DEFENDANT YOUR TOWNE BUILDERS~ INC. AND NOW, comes Defendant, Jack Ganghen Realtors ("Gaughen"), by and through its counsel, Saul Ewing LLP, and hereby files its Reply to New Matter and Crossclaim of Defendant Your Towne Builders, Inc. ("YTB") and in support thereof avers as follows: 32. Incorporation paragraph - no response required. 33-41. The averments set forth in paragraphs 33-41 of YTB's New Matter are addressed to Plaintiff, and thus no response is required from Gaughen. 42. The averments set forth in paragraph 42 of YTB's New Matter state conclusions of law to which no response is required. 43. The averments set forth in paragraph 43 of YTB's New Matter state conclusions of law to which no response is required. WHEREFORE, Defendant, Jack Gaughen Realtors demands judgment in its favor and against Defendant Your Towne Builders, Inc., with costs assessed to Your Towne Builders, Inc., and all such other relief as is proper and just. 875071 2/13/02 CROSSCLAIM PURSUANT TO R.C.P. 2252(d) YOUR TOWNE BUILDERS, INC. V. COURTYARDS OF CARLISLE AND JACK GAUGHEN REALTORS 42. Incorporation paragraph - no response required. 43. The averments set forth in paragraph 43 of YTB's Crossclaim state conclusions of law to which no response is required. In the event that it is later judicially determined that an answer is so required, it is denied that Gaughen was in any way "negligent", "reckless" or "careless". It is further denied that the "negligence, recklessness and/or carelessness of [Defendant Ganghen] (which negligence, recklessness and/or carelessness is expressly denied) exceeds any negligence on the part of Your Towne Builders." 44. The avem~ents set forth in paragraph 44 of Defendant YTB's Crossclaim state conclusions of law to which no response is required. In the event that it is later judicially determined that an answer is so required, it is denied that Gaughen is "solely liable to Plaintiff on her cause of action." To the contrary, Gaughen believes and therefor avers that Defendants Your Towne Builders and Courtyards of Carlisle are jointly and severally liable to Plaintiff on her cause of action. 45. The averments set forth in paragraph 45 ofYTB's Crossclaim state conclusions of law to which no response is required. In the event that it is later judicially determined that an answer is so required, it is denied that "Defendant Gaughen [is] "jointly and severally liable with Your Towne Builders on Plaintiffs cause of action and/or Defendant Gaughen [is] liable over to Your Towne Builders by way of contribution." 87507.1 2/13/02 -2- WHEREFORE, Defendant, Jack Gaughen Realtors demands judgment in its favor and against Defendant Your Towne Builders, Inc., with costs assessed to Your Towne Builders, Inc., and all such other relief as is proper and just. Date: February 13, 2002 Respectfully submitted, Paige Macdonald-Matthes Attorney ID No. 66266 SAUL EWlNG LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorney for Jack Gaughen Realtors 875071 2/13/02 -3- VERIFICATION I, Karen Stone, Executive Vice President of Jack Gaughen, Inc., being subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities, hereby state that the facts set forth in the foregoing attached Reply to New Matter and Crossclaim are true and correct to the best of my knowledge, information and belief. Dated: February _~_, 2002. BY: Kar~n~tone, Executive V.P. 8750712/4/02 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that on this 13th day of February, 2002, I served a true and correct copy of the foregoing Reply to New Matter and Crossclaim via Regular US Mail, upon the following: Courtyards of Carlisle 33 North Market Street Lancaster, PA 17603 Stephen J. Hogg, Esquire 19 S. Hanover St., Ste. 101 Carlisle, PA 17013 Barry A. Kronthal, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 l~aige l~lacdonald-Matthes, Esquire 87507.1 2/13/02 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants : IN THE CO,URT : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION-LAW NO. 01-6409 CIVIL TERM JURY TRIALDEMANDED PLAINTIFF'S ANSWER TO NEW MATTER FROM DEFENDANT COURTYARDS OF CARLISLE Plaintiff files this Answer To New Matter raised by Defendant Courtyards of Carlisle through her Attorney Stephen J. Hogg, Esquire and avers again ali allegations raised in her Complaint as if fully set forth herein and adds the following: 23. It is denied that Defendant Courtyards of Carlisle assumed no responsibility or exercised no control over the acts or conduct of others in causing the Plaintiff's injuries. 24. It is denied that Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. Date: Attorney for Plaint"~ LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Plaintiff's Answer To New Matter by United States Mail, postage pre-paid, addressed to the following: Paige MacDonald-Mathes 2 North Second Street, 7th Floor Harrisburg, PA 17101 Jesse Raymond Ruhl 350 West Market Street York, PA 17401 Barry A. Kronthal Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108 Date: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06409 P C~MMOIX~EALTH OF PENNSYLV.h2~'IA: COUNTY OF CUMBERLAND BROWN ROSE VS COURTYARDS OF CARLISLE ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , YOUR TOWNE BUILDERS INC but was unable to locate Them in his bailiwick. deputized the sheriff of I~kNCASTER County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On January 31st , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 32.33 .00 69.33 01/31/2002 STEPHEN HOGG R.~Thom~s Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of~7 ~ A.D. ~ / Prothonot~r~ ' SHERIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480. LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ Rose Brown 3 DEFENDANT/S/ Courtyards of Carlisle et al SERVE ~' 5 NAME OF iNDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED ~".P~e~fXXX Your Towne Builders, Inc. E ADDRESS (Street or RFD, Apadment No., City, Boro, Twp., State and ZiP Code) AT 2137 Embassy Drive Lancaster, PA 17603 DO NOT DETACH ANY CO~S~ 2 COURT NUMBER 01-6409 civil 4 TYPE OF WRIT OR COMPLAINT: reinstated 7. INDICATE UNUSUAL SERVICE: _.~DEPUTIZE [] OTHER County to execute this Wr~~~e~ ' 'n iff ~'~ - ~' ~ to law. This deputation being made at the request and risk of the Dim t . ~~~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~rland CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leavesamewithout awatchman, in custodyof whomeverisfound in possession,after notifyingpersonoflevyorattachment withouIliab yon the pad of such deouty or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE(717) 245--2698NUMBER 11, DATE 1 / 1 5/02 ~Rp~t~ T~OGG ESO 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed}. CUMBERLAND CO SHERIFF'S OFFICE ~pACE BELOw FOR U~E OF 8~FF ONLY -- DO NOT ~TE ~EI;~I~/EINE 13.1acknowledgereceiptofthewrit NAME of Authodzed LC O r k 1/22/02 15 2/14/02 or complaint as indicated above, } .3~I'~E~E ..3~LTO[~ 7 t ~-~IO~-~3c~J 14. Oate Rece)ved Expirstion/Hearing del 16. I hereby CERTIFY and RETURN ha [3 have personally served [~w'~'~e legal evidence of s~rvic~s sho~vn in "~emarks", ~h~ve, e~ecu!ed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the aDDress snown aoove or on [ne inDiviDual, company, cor- poration, etc,, at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 [] I hereby certify and return a NOT FOUND because I am unab;e to locate the individual company, corporation, etc., named above (See remarks below) ..~18 Name and title of indiv~ual served (if not shown above,) (Rea onship to Defendant) 19 ..... -- · _~,~ ..... I see F~m~ sel~ (No, ~) ~/;~4e ,~~nly ,f d~{C<~ :~na ~<~r~men' NO..C ity. Boro. T~p. '21 Date of Se~ice122 Time 23 A~EMPTS Dte Mea De,.lat. Data MIle~ De,.Int. Data Miles Dap. lat. Date Miles De,.Int. Deb Miles ' ~ ~ I:~m!eCosts 26 NLta~Ce. 27 M eage P[. e/'F 2 Total Coals 2] 30. REMARKS: 31 AFFIRMEO bscribed t before me this ~'~ 34' day of ~ , , 20 {~) __~L_ _ . . 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Shedff's Office ROSE BROWN, Plaintiff VS, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED ENTRy OF APPEARANCE TO THEPROTHONOTARY: Please enter our appearance on behalf of Defendant Courtyards of Carlisle in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 Kimberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this_~day of ~ ,20 _(~, Coleen M. Polek, of the law firm of Thomas, Thomas & Haler, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 CarlisLe, PA 17013 Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 Colee'l~'M. Polek ROSE BROW2q, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION - LAW COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants. : NO.: 01-6409 Civil : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Courtyards of Carlisle. March 25, 2002 LAW OFFICE OF JESSE RAYMOND RUHL 350 West Market Street York, PA 17401 (717) 854-0066 (717) 854-4339 (fax) Attorney for Defendant Courtyards of Carlisle ROSE BROWN, Plaintiff V COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6409 CIVIL LAW JURY TRIAL DEMANDED CERTIFICATE PRE-REQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Your Towne Builders, Inc., certifies that: 1. A Notice of Intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3. No objection to the subpoenas has been received; and The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. DATED: April 25, 2002 B~: ~ia~~- ~A~.~ont~---~:E~quire I.D. #55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendant, Your Towne Builders, Inc. BARRY ,4. KRONTHAIq ESQUIRE Pa. Supreme Court LD. No. 55672 MARGOI.Ig EDELSTEIN P. O. Box 932 · Harris.burg, PA 171080932 Telephone: (717) 97S-8114 Facsimile: (717) 97S..8124 E-Marl: bkronthal~margollsedeisteh, com Attorneys for Defendant, Your Towne Builders File~38~00.4-00036 ROSE BROWN, Plaintiff Vo COURTYARDS OF CARLISLE, YOUR . TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001=6409 CIVIL TERM ~U-RY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO ATTEND AND PRODUCE DOCUMENTS AND TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, MARGOLIS EDELSTEIN /t- B .on squire 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Your Town Builders, Inc. ROSE BROWN, Plaintiff V COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6409 CIVIL LAW JURY TRIAL DEMANDED To: Harrisburg Hospital 100 South Front Street Harrisburg, PA 17101 SUBPOENA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: including but not limited to, any and all medical records, reports, correspondence, data, billing records, tests, memoranda or any other matter or thing in your possession relating to Rose Brown (DOB: 12/1/24- SS#: 126-30- 2419) At: Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. ffyou fail to appear or to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Barry A. Kronthal, Esquire ADDRESS: 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 SUPREME COURT ID# 55672 ATTORNEY FOR: Defendant BY THE COURT: Date: Seal of Court Prothonotary/Clerk, Civil Division Deputy ROSE BROWN, Plaintiff V COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-6409 CIVIL LAW JURY TRIAL DEMANDED To: Orthopedic Surgeons of Central PA 99 November Drive Camp Hill, PA 17011 SUBPOENA Within twenty (20) days after sen, ice of this subpoena, you are ordered by the court to produce the following documents or things: including but not limited to, any and ail medical records, reports, correspondence, data, billing records, tests, memoranda or any other matter or thing in your possession relating to Rose Brown (DOB: 12/1/24- SS#: 126-30- 2419) At: Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to appear or to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Barry A. Kronthal, Esquire ADDRESS: 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 SUPREME COURT ID# 55672 ATTORNEY FOR: Defendant BY THE COURT: Date: Seal of Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Notice of Intent upon all counsel and parties of record this 0~ day of March, 2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 Paige MacDonald-Mathes 2 North Second Street, 74 Floor Harrisburg, PA 17101 Jesse Raymond Ruhl, Esquire 350 West Market Street York, PA 17401 By: ~WiCw~rMye~ f_j~r~,l ~. I71c, O~ CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas upon ail counsel and parties of record this ?~tay of~ 2002, by placing same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 Paige MacDonald-Mathes 2 North Second Street, 7a Floor Harrisburg, PA 17101 Jesse Raymond Ruhl, Esquire 350 West Market Street York, PA 17401 By: Patricia L. Myers (./ ROSE BROWN, Plaintiff VS, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Please substitute the attached Verification with the Verification originally filed with Defendant, Courtyards of Carlisle's Answer with New Matter. Respectfully submitted, by: THOMAS, THOMAS & HAFER, LLP /B~'oks R. ~ol,~nd,'~squire No 70'102 K~mberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Defendant Brown v. Courtyards of Cadisle I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Meloay M~artin- / / '- ~ DATED: ~/~2~ Brown v. Courtyards of Cadisle I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this 10th day of June, 2002, I, Kimberly A. Bohle, Esquire, of the law firm of Thomas, Thomas & Haler, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 Carlisle, PA 17013 Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIALDEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days in advance of this Certificate; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objections to the subpoenas have been made; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP 'lB. ~. o1~). i~.0F1 ~1~ d~l~ s q uTre ' Kimberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 Attorneys for Defendant ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED TO: Counsel and Parties of Record Defendant, Courtyards of Carlisle, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: THOMAS, THOMAS & HAFER, LLP I~ roj~,s' R. F~uire I.,D'. No. 70102-- Kimberly ^. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 Attorneys for Defendant ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John S. Rychak. M.D. and/or Orthopaedic Surgeons of Central PA. Ltd.. 99 November Drive. Camp Hill. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, diagnostic studies. notes, correspondence. MRI films. CAT scans, and/or x-ray films regarding Rose Brown. SSN: 136-30-2419: DOB: 12/01/24 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 1710~-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimberly A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIALDEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE4009.22 TO: Harrisburg Hospital. 111 South Front Street. Harrisburg. PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, diagnostic studies. notes, correspondence. MRI films. CAT scans, and/or x-ray films regarding Rose Brown. SSN: 136-30-2419: DOB: 12/01/24 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108-0999 (Address) You may deliver or mail Legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimberly A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Brian Uniacke. M.D. and/or Family Medicine Center of Cumberland Valley. 5 Willow Mill Park.Road. Suite 101. Mechanicsburg. PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, diagnostic studies. notes, correspondence. MRI films. CAT scans, and/or x-ray films regarding Rose Brown, SSN: 136-30-2419: DOB: 12/01/24 at: Thomas. Thomas & Haler. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimbedy A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ROSE BROWN, Plaintiff VS, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Goodwill Industries. 1051 Hummel Avenue. Lemoyne. PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all employment records and/or personnel records including. but not limited to. application for employment, hourly wages. !ob description, attendance records, disciplinary_ forms, medical records, etc. regarding Rose Brown. SSN: 136-30- 2419: DOB: 12/01/24 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 1710~-099~) (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimbedy A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy I, KIMBERLY A. BOHLE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, Pennsylvania addressed as follows: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 Carlisle, PA 17013 Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 postage prepaid, at Harrisburg, THOMAS, THOMAS & HAFER, LLP Date: '/l'r~6erly A. I~ I, KIMBERLY A. BOHLE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 Carlisle, PA 17013 Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 Date: THOMAS, THOMAS & HAFER, LLP I~ir~3erly A. Boh(~/ -- BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal~margolisedelstein.com Attorneys for Your Towne Builders, Inc. Fileg ROSE BROWN Plaintiff V COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS Defendants NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD To: Rose Brown c/o Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, YOUR TOWNE BUILDERS, INC., within twenty (20) days from service hereof, or a default judgment may be entered against you. DATE: Respectfully submitted, BA_0,R'~ A. KRONTHAL Attorney I.D. #55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: biffonthal~margolisedelstein.com Attorneys for Your Towne Builders, Inc. File# ROSE BROWN Plaintiff v COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, 1NC., and JACK GAUGHEN REALTORS Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 01-6409 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT. YOUR TOWNE BUILDERS. INC.. TQ THE COMPLAINT OF PLAINTIFF. ROSE BROWN AND NOW, comes Defendant, Your Towne Builders, Inc. ("Your Towne Builders"), by and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter, to the Complaint of Plaintiff, Rose Brown ("Plaintiff'), averring the following in support thereof: 1. Denied. After reasonable investigation, Your Towne Builders is without knowledge or information sufficient to form a belief as to the truth and averments of this paragraph and they are, therefore, denied. 2. Denied. After reasonable investigation, Your Towne Builders is without knowledge or information sufficient to form a belief as to the truth and averments of this paragraph and they are, therefore, denied. 3. Admitted. 4. Denied. After reasonable investigation, Your Towne Builders is without knowledge or information sufficient to form a belief as to the truth and averments of this paragraph and they are, therefore, denied. 5. Admitted in part and denied in part. It is admitted that for some time prior to March 11, 2000, Defendant, Courtyards of Carlisle, was engaged in the business of selling condominium properties in the 1300 block of North West Street, in the Borough of Carlisle, Cumberland County, Pennsylvania. The remaining averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 6. Denied. 7. Admitted in part and denied in part. It is admitted that Your Towne Builders constructed two steps between the outside driveways at the subject site. The remaining averments of this paragraph are denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. The averments of this paragraph are directed to a Defendant other than Your Towne Builders and, therefore, there is no need to answer same. However, to the extent these paragraphs aver or imply any wrongdoing and/or negligence on the paxt of Your Towne Builders, then same are specifically denied. 15. Denied. The averments of this paragraph are directed to a Defendant other than Your Towne Builders and, therefore, there is no need to answer same. However, to the extent these paragraphs aver or imply any wrongdoing and/or negligence on the part of Your Towne Builders, then same are specifically denied. 16. Denied. 17. Denied. WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor and against Plaintiff, Rose Brown, with costs assessed to Plaintiff. COUNT II ROSE BROWN, PLAINTIFF V. YOUR TOWNE BUILDERS 18. The answers contained in paragraphs 1 through 17 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 19. Denied. 20. Denied. WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor and against Plaintiff, Rose Brown, with costs assessed to Plaintiff. COUNT III ROSE BROWN, PLAINTIFF V. JACK GAUGHEN REALTORS 21. The answers contained in paragraphs 1 through 20 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 22. The averments of this paragraph are directed to a Defendant other than Your Towne Builders and, therefore, there is no need to answer same. However, to the extent these paragraphs aver or imply any wrongdoing and/or negligence on the pan of Your Towne Builders, then same are specifically denied. WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor and against Plaintiff, Rose Brown, with costs assessed to Plaintiff. NEW MATTER 23. The answers contained in paragraphs 1 through 22 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 24. If it is determined that Your Towne Builders is liable to Plaintiff's cause of action, Your Towne Builders avers that Plaintiff's recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 25. It is further averred that if Plaintiff suffered any injuries/damages as alleged, they were caused solely and primarily by Plaintiff's own carelessness, recklessness and negligence. 26. It is further averred that if Plaintiff suffered any injuries/damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of third parties both unknown to Your Towne Builders and over whom Your Towne Builders had no control. 27. It is further averred by Your Towne Builders that if Plaintiff suffered any injuries/damages as alleged, said Plaintiff by her conduct assumed the risk of those injuries/damages. 28. Plaintiff has failed to state a claim upon which relief can be granted. 29. At all times relevant hereto, all reasonable and necessary safety precautions were taken in the area where Plaintiff allegedly fell. 30. Plaintiff's claims, if any, are barred by her failure to mitigate her damages. 31. At all times relevant hereto, the subject steps and area where Plaintiff allegedly fell were properly designed, maintained and/or constructed in accordance with all relevant standards and/or statutory and code provisions, and did not pose a danger in any way to Plaintiff, or any other persons. 32. To the extent there was a hazardous or dangerous condition, which is specifically denied, then Your Towne Builders did not have notice or reason to have notice of said alleged condition. 33. It is further averred by Your Towne Builders that Plaintiff's cause of action is barred by the appropriate Statute of Limitations. 34. In the event Plaintiff requests damages for delay pursuant to Rule 238 of the Pennsylvania Rules, Your Towne Builders here challenges the applicability and constitutionality of said Rule, places it at issue and demands a hearing on the matter. 35. Your Towne Builders avers that Plaintiff's alleged injuries, damages and treatment are unreasonable and excessive in light of the facts of this case. 36. Your Towne Builders asserts and incorporates, as though fully set forth herein at length, all defenses in Pa. R.C.P. Rule 1030(a). 37. Plaintiff's claims, if any, are barred as there has been an accord and satisfaction, release, res judicata, collateral, estoppel and/or arbitration and award. 38. If Plaintiff fell, it was not due to any actions or lack thereof of Your Towne Builders. 39. IfPlaintifffell, it was due to actions or lack thereof of unknown persons and/or entities over whom Your Towne Builders had no control. 40. If Plaintiff fell, it was due to actions or lack thereof of Plaintiff. 41. If Plaintiff fell, Plaintiff failed to observe where she was walking and/or running. 42. If it is proven there existed any alleged dangerous condition, while it is specifically denied, then it was open and obvious. 43. If there existed any alleged dangerous conditions, which is specifically denied, then it was open and obvious and Plaintiff was and/or should have been aware of the alleged condition and, therefore, Your Towne Builders cannot be held liable. 44. If there existed any alleged dangerous conditions, which is specifically denied, Plaintiff was aware of any alleged conditions and failed to act properly under the circumstances. 45. At all times material hereto, if the alleged incident occurred, which is specifically denied, Plaintiff could and should have avoided the alleged condition and the alleged area and gone another way. 46. If there existed any alleged conditions, the creation of any alleged conditions and any continuation and of the existence of any alleged conditions was not due to any actions or lack thereof of Your Towne Builders, but was due to actions beyond the control of Your Towne Builders. WHEREFORE, Defendant, Your Towne Builders, Inc., demands judgment in its favor and against Plaintiff, Rose Brown, with costs assessed to Plaintiff. MARGOLIS EDELSTEIN By: ~quire Attorney No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing Praecipe to Enter Appearance on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ] .'2-- day of~A~aX~~ ,2002, and addressed as follows: Stephen J. Hogg, Esquire 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 Paige Macdonald-Matthes 2 North Second Street, 7th Floor Harrisburg, PA 17101 Brooks Foland, Esquire 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 MARGOLIS EDELSTEIN Carol Moose D:\I Selective Insurance\38500.4-00036\PleadsLaaaswer to Plainfifl~4-19-02.wpd I, ~ Artz, state that I have read the foregoing Answer with New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. LAW OFFICES OF STEP]-m.N j. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC., and JACK GAUGHEN REALTORS, : IN THE COURT : OF COI1~,~3~i PLEAS : CUIIBERLAND COUNTY, : PENNSYLVANIA : CML ACTION-I.AW : NO. 01-6409 : CML TERM : : JURY TRIAL DEblANDED PLAINTIFF'S AN-~.-~--",~E-,~,R TO NEW "__~.TTER FROM DEFENDANT Y~)UR TC'.'.":~'~. [uJ!L[-~__-,,[~. INC. N~ Plaintiff Rose Brown files this Answer to New Matter raised by Defendant Your Towne Builders, Inc. as follows: 23. Plaintiffs allegations in paragraph 1-31 inclusive, are incorporated by reference as if set forth herein in their entirety. 24. The allegations in this paragraph are conclusions of law and therefore require no response. By way of further answer, Plaintiff specifically denies that the Pennsylvania Comparative Negligence Act applies to eliminate or reduce Plaintiffs recovery. 25. It is specifically denied that Plaintiffs carelessness, recklessness or negligence, if any, caused Plaintiffs injuries or damages. 26. It is admitted that there are other Defendant in addition to Defendant Your Towne Builders, Inc. Plaintiff denies the LAW OFFICES OF STEPI-I~N J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 35. This allegation states a legal conclusion to which no response is required. 36. Denied. 37. It is specifically denied that any of the affirmative defenses set forth in Rule 1030(a) apply. 38. Denied. 39. Denied. 40. It is specifically denied that Plaintiff's fall was due to her actions of failure to act. 41 Denied. 42 Denied. 43 Denied. 44 Denied. 45 It is admitted that Plaintiff could have gone another way. It is specifically denied that Plaintiff should have gone another way. 46. Denied. Wherefore, Plaintiff demands judgment in her favor and against other relief as this Court deems just and prop~ Date: . Defendant for past and future medical treab;-~ent, past and future wage loss, past, present and future pain and suffering, costs of suit and such ROSE BROWN, Plaintiff VS, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days in advance of this Certificate; 2.. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objections to the subpoenas have been made; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP ~~, Esquir~/~? 0102 Kimberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 Attorneys for Defendant ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED TO: Counsel and Parties of Record Defendant, Courtyards of Carlisle, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 Kimberly A. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 Attorneys for Defendant ROSE BROWN, Plaintiff VS, COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Solomon Genuth, M.D. 19 Morris Avenue, Rockville Center, New York 11570 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, diagnostic studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Rose Brown, SSN: 136-30-2419; DOB: 12/01/24 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimberly A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant DATE: Seal of tl~e Court BY THE COURT: Prothonotary/Clerk, CiVil Div~:l~n Deputy c_ ROSE BROWN, Plaintiff VS, COURTYARDS Of CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Peter Jos Ajemian, M.D. 143 N. Long Beach Road, Rockville Center, New York 11570 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, diagnostic studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Rose Brown, SSN: 136-30-2419; DOB: 12/01/24 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimberly A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant DATE: H~_~/~"~ ;2 '7. Seal of~he Court BY THE COURT: Pro~-h~n-otary/Clerk, Civil"'Divisi~ Deputy ( I, KRISTY L. HOUSE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 Carlisle, PA 17013 Date: Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 qisita THOMAS, THOMAS & HAFER, LLP I, KIMBERLY A. BOHLE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 Carlisle, PA 17013 Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP 14'i~bedy A. ~hle ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DE~NDED CERTIFICATE PREREQUISITE TO SERVI~E oF SUBPOEN~ PURSUANT," TO RULE ~09;22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days in advance of this Certificate; 2. No objections to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Kimbedy A. Bohle, Esquire I.D. No. 87565 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 Attorneys for Defendant ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: L.B. Smith Ford, 6391 Carlisle Pike, Mechanicsburq. PA 17050-2309 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all employment records and/or personnel records includinq, but not limited to, application for employment, hourly wa.qes, lob description, attendance records, disciplinary forms, medical records, etc. reqar.d, in.q Rose Brown, SSN: 136-30-2419; DOB: 12/01/24 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimberly A. Bohle, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant DATE: ~x~2:~L. I , Seal of the (~ourt BY THE COURT: ~honotary/Clerk, Ci~ Deputy ROSE BROWN, Plaintiff VS. COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, INC. and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6409 JURYTRIALDEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hartz. ell Eye Group, 37 Brookwood Avenue, Carlisle, PA 17013-9126 (Name .of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, diagnostic studies, notes, correspondence,, etc. re.qardinq Rose Brown, SSN: 136-30-2419; DOB: 12/01/24 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 99~ ~-Iarrisburq, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court erder compelling you to comply with it. THIS SUBPOENA WAS ISSUED~T~ THE REQUEST OF THE FOLLOWING PERSON: NAME: Kimbedy A. Bohle, Esquire ' ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7155 SUPREME COURT ID#: 87565 ATTORNEY FOR: Defendant DATE: C~. I. Seal of the C'ourt BY THE COURT: Prothonotary/Clerk, Civil Divis~ - Deputy (' I, KIMBERLY A. BOHLE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Stephen J. Hogg, Esq. 19 South Hanover Street Suite 101 Carlisle, PA 17013 Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP LAW OFFICES OF STEPHEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROSE BROWN, Plaintiff COURTYARDS OF CARLISLE, YOUR TOWNE BUILDERS, iNC., and JACK GAUGHEN REALTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C~VlL ACTION-LAW : : NO. 01-6409 : CIVIL TERM : : JURY TRIAL DEMANDED PRAECIPE FOR DISSMISSAL TO THE PROTHONOTARY OF SAID COURT: Please dismiss the Complaint in the a~bove captioned matter without prejudice. Respectfully Submitted, Date: Stephen J. H~g, ~squire Attorney for Plaintiff