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HomeMy WebLinkAbout09-0632David W. Brown, Esquire Attorney ID# 59404 The Law Office of David W. Brown 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff : CIVIL ACTION -- LAW . No. 09 (pZ)a V. SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 David W. Brown, Esquire Attorney ID# 59404 The Law Office of David W. Brown 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff V. SIM ZIM ASSOCIATES LLP 3437 Simpson Ferry Road Camp Hill, PA 17011, Defendant CIVIL ACTION -- LAW . No. 0 9- L 3.z ( ral. - : JURY TRIAL DEMANDED COMPLAINT Plaintiff Noreen Thompson (hereinafter "Thompson") is an adult individual residing at 5A Richland Lane, #104, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Sim Zim Associates LP (hereinafter "Sim Zim") is a Pennsylvania Limited Partnership doing business in the Commonwealth of Pennsylvania with an office located at 3437 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Thompson worked as a ticket taker or usher for Cinema Center, a movie theatre located at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, PA 17011. Cinema Center is in the Harrisburg West Shopping Center (hereinafter "the shopping center"), a strip shopping center. 4. At all times material hereto, Cinema Center was owned by Cinema Supply, Inc. (hereinafter "Cinema Supply"). Cinema Supply owned the building, but leased the surrounding land, including the sidewalk and parking lot, adjacent to the movie theatre. 5. On or about February 2, 2004, Sanndrel Trust of Pennsylvania (hereinafter "Sanndrel Trust") entered into a Shopping Center Lease (hereinafter "the Lease") with Cinema Supply. 6. Pursuant to the Lease, Sanndrel Trust was responsible for maintaining the Common Area, which included the parking lot and sidewalk. Cinema Supply, like the other tenants in the shopping center, made a common area payment to Sanndrel Trust. 7. By letter dated December 22, 2006 to Marvin R. Troutman, President of Cinema Supply, Joseph P. Frio, Authorized Partner of Sim Zim, advised that the shopping center had been sold by Sanndrel Trust to Sim Zim effective December 22, 2006. The Lease which Cinema Supply previously entered into with Sanndrel Trust was assigned to and accepted by Sim Zim. Thus, at all times material hereto, Sim Zim was responsible for maintaining the Common Area, including the parking lot and sidewalk, adjacent to the movie theatre. Thompson's Fall 2 8. Thompson normally drove to and from her job at Cinema Center and she, like other employees and the theatres' customers, parked in the parking lot adjacent to the movie theatre. 9. On February 12, 2007, Thompson worked at the Cinema Center. As usual, she parked in the shopping center parking lot. She finished her shift at 4:00 p.m. and clocked out. She exited the theatre and headed to her car. She crossed the cement sidewalk surface leading to the asphalt parking lot. When she was about to step from the cement surface to the parking lot, there was a lip approximately 1-1 '/2 inches which she stepped on. She lost her footing and fell directly on her left shoulder. The lip on which she fell was approximately 13 to 15 feet from the door through which she had exited; her car was less than 10 feet away from the spot that she fell. 10. After her fall, Thompson was in extreme pain, and she was transported by ambulance to Holy Spirit Hospital where she was treated in the emergency room. At Holy Spirit, she underwent an x-ray to her left shoulder, which revealed a markedly comminuted fracture of the left humerus. Four days later, on February 16, 2007, Thompson came under the care of Dr. Richard Boal of Orthopedic Institute of Pennsylvania. Thompson underwent a CATscan that which revealed a severely comminuted humeral head fracture with impaction and posterior and interior rotation. 11. On February 21, 2007, Dr. Boal performed surgery, a hemiathrthroplasty, on Thompson's left shoulder. The surgery took three-and-one-half hours, and Dr. Boal used mesh, pins, and metal to perform the surgery. Dr. Boal placed a rod in Thompson's left arm. 3 12. On March 29, 2007, Thompson returned to work at Cinema Center. Soon after her return to work, upon the recommendation of Dr. Boal, Thompson underwent a course of physical therapy, three times per week for approximately three months, at Orthopedic Institute of Pennsylvania Physical Therapy. 13. Since her surgery, Thompson has continued to have limitations regarding the use of her left shoulder and has experienced pain daily. According to Dr. Boal, Thompson will never gain all of the motion in her left arm, nor will she ever be pain free. Thompson remains under Dr. Boal's care, and further surgery on her left shoulder is possible. 14. Thompson has also experienced pain to her neck, as well as headaches, as a result of her February 12, 2007 fall for which she has treated with orthopedic surgeons Dr. Curtis Goltz and Dr. Steven Wolf at Orthopedic Institute of Pennsylvania. She has undergone epidural steroid injections. Dr. Wolf has diagnosed Thompson with cervical spinal stenosis with kyphosis, severe degenerative disc disease and spondylosis. Surgery is scheduled for May 27, 2009, in which Dr. Wolf plans to fuse Thompson's cervical spine, from C-3, C-4 through C-6, C-7. 15. As a result of the injuries which Thompson sustained in her February 12, 2007 fall, she has experienced difficulty with several activities of daily living, including but not limited to driving, dressing, grooming, sleeping, grocery shopping, and doing laundry. She takes pain medications daily, and utilizes a lidocaine patch as well as an orthopedic pillow. Thompson's Workers' Compensation Case 4 16. On April 24, 2007, Thompson filed a Claim Petition with the Pennsylvania Bureau of Workers' Compensation against Cinema Center, alleging that she was entitled to wage loss and medical benefits as a result of the injuries which she sustained on February 12, 2007. 17. Following litigation, on July 24, 2008, Workers' Compensation Judge David Weyl issued a Decision, granting Thompson's Claim Petition. In his Decision, Judge Weyl found that Thompson's injuries were caused by the lip between the sidewalk and parking lot on which she tripped. Judge Weyl ordered Cinema Center to pay Thompson's wage loss benefits until March 29, 2007 and the medical bills which she incurred as a result of her February 12, 2007 injuries. COUNTI NEGLIGENCE 18. Paragraphs 1 through 17 herein are incorporated by reference as if fully set forth in their entirety. 19. As an employee of Cinema Center, which was a tenant of Sim Zim, Thompson was an invitee, and consequently she was owed the highest duty of care. Sim Zim breached that duty because: a. It knew or reasonably should have known of the lip which caused Thompson's fall on February 12, 2007; b. The lip constituted a dangerous condition which involved an unreasonable risk of harm that Sim Zim should have expected Thompson would not realize or protect herself against; C. Sim Zim failed to protect Thompson against the dangerous condition. 5 20. As a direct and proximate result of Sim Zim's negligence, Thompson sustained injuries to her left shoulder and neck, which have been described herein. 21. As a direct and proximate result of Sim Zim's negligence, Thompson was disabled from performing her position at Cinema Center until March 29, 2007, and periodically thereafter. 22. As a direct and proximate result of Sim Zim's negligence, Thompson has endurered pain and suffering, discomfort, and inconvenience, and also has lost the ability to engage in activities of daily living, which continues to date and into the future. WHEREFORE, Plaintiff Noreen Thompson, as a direct and proximate result of Sim Zim's negligence, seeks damages in an excess of $50,000.00, which includes money for lost wages, compensatory damages for the pain and suffering to which she has been subjected, together with such further relief as may be deemed appropriate. THE LAW OFFICE OF DAVID W. BROWN By: D"-r W. Brown, Esquire 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff Noreen Thompson 6 VERIFICATION I, Noreen Thompson, have read the foregoing Complaint and verify that the contents thereof are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i Noreen Thompson Date: ? ,'69 2" ? v ry C3 cr% C_ - j SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00632 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMPSON NOREEN VS SIM ZIM ASSOCIATES LP R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SIM ZIM ASSOCIATES LLP but was unable to locate Them deputized the sheriff of DELAWARE in his bailiwick. He therefore serve the within COMPTATNT K, NnTTOW County, Pennsylvania, to On March 27th , 2009 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 12.60 .00 49.60 03/27/2009 DAVID W. BROWN LLC Sworn and subscribe to before me this day of So answers: R. 15as Kli e Sheriff of Cumberland County A. D. i-U C.. c>3 7 _ ?i .J.. C V ,ro , CJ\ David W. Brown, Esquire Attorney ID# 59404 Borjeson & Maizel 1500 Walnut Street, Ste. 413 Philadelphia, PA 19102 X215) 772-3020 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff : CIVIL ACTION - LAW : No. 09-632 Civil Term : JURY TRIAL DEMANDED SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-referenced matter. A copy of the time- stamped Complaint is attached. 'Q"6Z4'?? David W. Brown, Esquire Attorney for Plaintiff Z/ OF THEr r *10TAPY 2009 MAR 3 I C ak ! R Ih F lO. co Po ATTY ctiv o eT* J.23W 7 David W. Brown, Esquire Attorney ID# 59404 Borjeson & Maizel 1500 Walnut Street, Ste. 413 Philadelphia, PA 19102 (215) 772-3020 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 : CIVIL ACTION - LAW Camp Hill, PA 17011, : No. 09-632 Civil Term Plaintiff : JURY TRIAL DEMANDED SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-referenced matter. A copy of the time- stamped Complaint is attached. David W. Brown, Esquire Attorney for Plaintiff David W. Brown, Esquire Attorney ID# 59404 The Law Office of David W. Brown 102 Pickering Way, Suite 200 n 9 7 Exton, PA 19341 - (484) 875-3152 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY " -J" ?- NOREEN THOMPSON =Z c:D 5A Richland Lane, #104 CIVIL ACTION -- L W _ Camp Hill, PA 17011, No. - -vil terry Plaintiff V. SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 David W. Brown, Esquire Attorney ID# 59404 The Law Office of David W. Brown 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff V. SIM ZIM ASSOCIATES LLP 3437 Simpson Ferry Road Camp Hill, PA 17011, Defendant : CIVIL ACTION --LAW . No. : JURY TRIAL DEMANDED COMPLAINT Plaintiff Noreen Thompson (hereinafter "Thompson") is an adult individual residing at 5A Richland Lane, #104, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Sim Zim Associates LP (hereinafter "Sim Zim") is a Pennsylvania Limited Partnership doing business in the Commonwealth of Pennsylvania with an office located at 3437 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Thompson worked as a ticket taker or usher for Cinema Center, a movie theatre located at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, PA 17011. Cinema Center is in the Harrisburg West Shopping Center (hereinafter "the shopping center"), a strip shopping center. 4. At all times material hereto, Cinema Center was owned by Cinema Supply, Inc. (hereinafter "Cinema Supply"). Cinema Supply owned the building, but leased the surrounding land, including the sidewalk and parking lot, adjacent to the movie theatre. On or about February 2, 2004, Sanndrel Trust of Pennsylvania (hereinafter "Sanndrel Trust") entered into a Shopping Center Lease (hereinafter "the Lease") with Cinema Supply. 6. Pursuant to the Lease, Sanndrel Trust was responsible for maintaining the Common Area, which included the parking lot and sidewalk. Cinema Supply, like the other tenants in the shopping center, made a common area payment to Sanndrel Trust. 7. By letter dated December 22, 2006 to Marvin R. Troutman, President of Cinema Supply, Joseph P. Frio, Authorized Partner of Sim Zim, advised that the shopping center had been sold by Sanndrel Trust to Sim Zim effective December 22, 2006. The Lease which Cinema Supply previously entered into with Sanndrel Trust was assigned to and accepted by Sim Zim. Thus, at all times material hereto, Sim Zim was responsible for maintaining the Common Area, including the parking lot and sidewalk, adjacent to the movie theatre. Thompson's Fall 2 8. Thompson normally drove to and from her job at Cinema Center and she, like other employees and the theatres' customers, parked in the parking lot adjacent to the movie theatre. 9. On February 12, 2007, Thompson worked at the Cinema Center. As usual, she parked in the shopping center parking lot. She finished her shift at 4:00 p.m. and clocked out. She exited the theatre and headed to her car. She crossed the cement sidewalk surface leading to the asphalt parking lot. When she was about to step from the cement surface to the parking lot, there was a lip approximately 1-1 %2 inches which she stepped on. She lost her footing and fell directly on her left shoulder. The lip on which she fell was approximately 13 to 15 feet from the door through which she had exited; her car was less than 10 feet away from the spot that she fell. 10. After her fall, Thompson was in extreme pain, and she was transported by ambulance to Holy Spirit Hospital where she was treated in the emergency room. At Holy Spirit, she underwent an x-ray to her left shoulder, which revealed a markedly comminuted fracture of the left humerus. Four days later, on February 16, 2007, Thompson came under the care of Dr. Richard Boal of Orthopedic Institute of Pennsylvania. Thompson underwent a CATscan that which revealed a severely comminuted humeral head fracture with impaction and posterior and interior rotation. 11. On February 21, 2007, Dr. Boal performed surgery, a hemiathrthroplasty, on Thompson's left shoulder. The surgery took three-and-one-half hours, and Dr. Boal used mesh, pins, and metal to perform the surgery. Dr. Boal placed a rod in Thompson's left arm. 3 A 12. On March 29, 2007, Thompson returned to work at Cinema Center. Soon after her return to work, upon the recommendation of Dr. Boal, Thompson underwent a course of physical therapy, three times per week for approximately three months, at Orthopedic Institute of Pennsylvania Physical Therapy. 13. Since her surgery, Thompson has continued to have limitations regarding the use of her left shoulder and has experienced pain daily. According to Dr. Boal, Thompson will never gain all of the motion in her left arm, nor will she ever be pain free. Thompson remains under Dr. Boal's care, and further surgery on her left shoulder is possible. 14. Thompson has also experienced pain to her neck, as well as headaches, as a result of her February 12, 2007 fall for which she has treated with orthopedic surgeons Dr. Curtis Goltz and Dr. Steven Wolf at Orthopedic Institute of Pennsylvania. She has undergone epidural steroid injections. Dr. Wolf has diagnosed Thompson with cervical spinal stenosis with kyphosis, severe degenerative disc disease and spondylosis. Surgery is scheduled for May 27, 2009, in which Dr. Wolf plans to fuse Thompson's cervical spine, from C-3, C-4 through C-6, C-7. 15. As a result of the injuries which Thompson sustained in her February 12, 2007 fall, she has experienced difficulty with several activities of daily living, including but not limited to driving, dressing, grooming, sleeping, grocery shopping, and doing laundry. She takes pain medications daily, and utilizes a lidocaine patch as well as an orthopedic pillow. Thompson's Workers' Compensation Case 4 16. On April 24, 2007, Thompson filed a Claim Petition with the Pennsylvania Bureau of Workers' Compensation against Cinema Center, alleging that she was entitled to wage loss and medical benefits as a result of the injuries which she sustained on February 12, 2007. 17. Following litigation, on July 24, 2008, Workers' Compensation Judge David Weyl issued a Decision, granting Thompson's Claim Petition. In his Decision, Judge Weyl found that Thompson's injuries were caused by the lip between the sidewalk and parking lot on which she tripped. Judge Weyl ordered Cinema Center to pay Thompson's wage loss benefits until March 29, 2007 and the medical bills which she incurred as a result of her February 12, 2007 injuries. COUNTI NEGLIGENCE 18. Paragraphs 1 through 17 herein are incorporated by reference as if fully set forth in their entirety. 19. As an employee of Cinema Center, which was a tenant of Sim Zim, Thompson was an invitee, and consequently she was owed the highest duty of care. Sim Zim breached that duty because: a. It knew or reasonably should have known of the lip which caused Thompson's fall on February 12, 2007; b. The lip constituted a dangerous condition which involved an unreasonable risk of harm that Sim Zim should have expected Thompson would not realize or protect herself against; C. Sim Zim failed to protect Thompson against the dangerous condition. 5 20. As a direct and proximate result of Sim Zim's negligence, Thompson sustained injuries to her left shoulder and neck, which have been described herein. 21. As a direct and proximate result of Sim Zim's negligence, Thompson was disabled from performing her position at Cinema Center until March 29, 2007, and periodically thereafter. 22. As a direct and proximate result of Sim Zim's negligence, Thompson has endurered pain and suffering, discomfort, and inconvenience, and also has lost the ability to engage in activities of daily living, which continues to date and into the future. WHEREFORE, Plaintiff Noreen Thompson, as a direct and proximate result of Sim Zim's negligence, seeks damages in an excess of $50,000.00, which includes money for lost wages, compensatory damages for the pain and suffering to which she has been subjected, together with such further relief as may be deemed appropriate. THE LAW OFFICE OF DAVID W. BROWN By: Tc--?Z? David W. Brown, Esquire 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff Noreen Thompson 6 , , A VERIFICATION I, Noreen Thompson, have read the foregoing Complaint and verify that the contents thereof are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r Noreen Thompson Date: 1, 0 OF THE 2009 APR c"! 7 Ali 11 : 5 4 I -VA $10.4o PO ATrq CK.* 310.3 M` aaq a?0 David W. Brown, Esquire Attorney ID# 59404 Borjeson & Maizel 1500 Walnut Street, Ste. 413 Philadelphia, PA 19102 (215) 772-3020 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011 : CIVIL ACTION - LAW : No. 09-632 Civil Term : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-referenced matter. A copy of the time- stamped Complaint is attached. David W. Brown, Esquire Attorney for Plaintiff Date: M,,w ?Q _ 20u y F? L }y ii l-?? P 33t`1 070 per ax5- 5 David W. Brown, Esquire Attorney ID# 59404 Borjeson & Maizel 1500 Walnut Street, Ste. 413 Philadelphia, PA 19102 (2151772-3020 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 : CIVIL ACTION - LAW Camp Hill, PA 17011, : No. 09-632 Civil Term Plaintiff JURY TRIAL DEMANDED SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road , Camp Hill, PA 17011 , PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-referenced matter. A copy of the time- stamped Complaint is attached. David W. Brown, Esquire Attorney for Plaintiff I p 2? Date: c,t.n-Q David W. Brown, Esquire Attorney ID# 59404 The Law Office of David W. Brown 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff c : CIVIL ACTION -- LAW _ . No. - aa d ivil ie-r w v. : JURY TRIAL DEMANDED SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011, Defendant NOTICE TO DEFEND `?3 7 v ?n n rn c? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 3 PY FROM RECORD: W1 Twwfy WIW , I 0 unto tart ray Banc, d Me l of s&W ( at "' Pa. *Xq David W. Brown, Esquire Attorney ID# 59404 The Law Office of David W. Brown 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON 5A Richland Lane, #104 Camp Hill, PA 17011, Plaintiff V. SIM ZIM ASSOCIATES LLP 3437 Simpson Ferry Road Camp Hill, PA 17011, Defendant : CIVIL ACTION --LAW . No. JURY TRIAL DEMANDED COMPLAINT Plaintiff Noreen Thompson (hereinafter "Thompson") is an adult individual residing at 5A Richland Lane, #104, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Sim Zim Associates LP (hereinafter "Sim Zim") is a Pennsylvania Limited Partnership doing business in the Commonwealth of Pennsylvania with an office located at 3437 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Thompson worked as a ticket taker or usher for Cinema Center, a movie theatre located at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, PA 17011. Cinema Center is in the Harrisburg West Shopping Center (hereinafter "the shopping center"), a strip shopping center. 4. At all times material hereto, Cinema Center was owned by Cinema Supply, Inc. (hereinafter "Cinema Supply"). Cinema Supply owned the building, but leased the surrounding land, including the sidewalk and parking lot, adjacent to the movie theatre. 5. On or about February 2, 2004, Sanndrel Trust of Pennsylvania (hereinafter "Sanndrel Trust") entered into a Shopping Center Lease (hereinafter "the Lease") with Cinema Supply. 6. Pursuant to the Lease, Sanndrel Trust was responsible for maintaining the Common Area, which included the parking lot and sidewalk. Cinema Supply, like the other tenants in the shopping center, made a common area payment to Sanndrel Trust. 7. By letter dated December 22, 2006 to Marvin R. Troutman, President of Cinema Supply, Joseph P. Frio, Authorized Partner of Sim Zim, advised that the shopping center had been sold by Sanndrel Trust to Sim Zim effective December 22, 2006. The Lease which Cinema Supply previously entered into with Sanndrel Trust was assigned to and accepted by Sim Zim. Thus, at all times material hereto, Sim Zim was responsible for maintaining the Common Area, including the parking lot and sidewalk, adjacent to the movie theatre. Thompson's Fall 2 8. Thompson normally drove to and from her job at Cinema Center and she, like other employees and the theatres' customers, parked in the parking lot adjacent to the movie theatre. 9. On February 12, 2007, Thompson worked at the Cinema Center. As usual, she parked in the shopping center parking lot. She finished her shift at 4:00 p.m. and clocked out. She exited the theatre and headed to her car. She crossed the cement sidewalk surface leading to the asphalt parking lot. When she was about to step from the cement surface to the parking lot, there was a lip approximately 1-1 %z inches which she stepped on. She lost her footing and fell directly on her left shoulder. The lip on which she fell was approximately 13 to 15 feet from the door through which she had exited; her car was less than 10 feet away from the spot that she fell. 10. After her fall, Thompson was in extreme pain, and she was transported by ambulance to Holy Spirit Hospital where she was treated in the emergency room. At Holy Spirit, she underwent an x-ray to her left shoulder, which revealed. a markedly comminuted fracture of the left humerus. Four days later, on February 16, 2007, Thompson came under the care of Dr. Richard Boal of Orthopedic Institute of Pennsylvania. Thompson underwent a CATscan that which revealed a severely comminuted humeral head fracture with impaction and posterior and interior rotation. 11. On February 21, 2007, Dr. Boal performed surgery, a hemiathrthroplasty, on Thompson's left shoulder. The surgery took three-and-one-half hours, and Dr. Boal used mesh, pins, and metal to perform the surgery. Dr. Boal placed a rod in Thompson's left arm. 3 12. On March 29, 2007, Thompson returned to work at Cinema Center. Soon after her return to work, upon the recommendation of Dr. Boal, Thompson underwent a course of physical therapy, three times per week for approximately three months, at Orthopedic Institute of Pennsylvania Physical Therapy. 13. Since her surgery, Thompson has continued to have limitations regarding the use of her left shoulder and has experienced pain daily. According; to Dr. Boal, Thompson will never gain all of the motion in her left arm, nor will she ever be pain free. Thompson remains under Dr. Boal's care, and further surgery on her left shoulder is possible. 14. Thompson has also experienced pain to her neck, as well as headaches, as a result of her February 12, 2007 fall for which she has treated with orthopedic surgeons Dr. Curtis Goltz and Dr. Steven Wolf at Orthopedic Institute of Pennsylvania. She has undergone epidural steroid injections. Dr. Wolf has diagnosed Thompson with cervical spinal stenosis with kyphosis, severe degenerative disc disease and spon.dylosis. Surgery is scheduled for May 27, 2009, in which Dr. Wolf plans to fuse Thompson's cervical spine, from C-3, C-4 through C-6, C-7. 15. As a result of the injuries which Thompson sustained in her February 12, 2007 fall, she has experienced difficulty with several activities of daily living, including but not limited to driving, dressing, grooming, sleeping, grocery shopping, and doing laundry. She takes pain medications daily, and utilizes a lidocaine patch as well as an orthopedic pillow. Thompson's Workers' Compensation Case 4 16. On April 24, 2007, Thompson filed a Claim Petition with the Pennsylvania Bureau of Workers' Compensation against Cinema Center, alleging that she was entitled to wage loss and medical benefits as a result of the injuries which she sustained on February 12, 2007. 17. Following litigation, on July 24, 2008, Workers' Compensation Judge David Weyl issued a Decision, granting Thompson's Claim Petition. In his Decision, Judge Weyl found that Thompson's injuries were caused by the lip between the sidewalk and parking lot on which she tripped. Judge Weyl ordered Cinema Center to pay Thompson's wage loss benefits until March 29, 2007 and the medical bills which she incurred as a result of her February 12, 2007 injuries. COUNTI NEGLIGENCE 18. Paragraphs 1 through 17 herein are incorporated by reference as if fully set forth in their entirety. 19. As an employee of Cinema Center, which was a tenant of Sim Zim, Thompson was an invitee, and consequently she was owed the highest duty of care. Sim Zim breached that duty because: a. It knew or reasonably should have known of the lip which caused Thompson's fall on February 12, 2007; b. The lip constituted a dangerous condition which involved an unreasonable risk of harm that Sim Zim should have expected Thompson would not realize or protect herself against; C. Sim Zim failed to protect Thompson against the dangerous condition. 5 20. As a direct and proximate result of Sim Zim's negligence, Thompson sustained injuries to her left shoulder and neck, which have been described herein. 21. As a direct and proximate result of Sim Zim's negligence, Thompson was disabled from performing her position at Cinema Center until March 29, 2007, and periodically thereafter. 22. As a direct and proximate result of Sim Zim's negligence, Thompson has endurered pain and suffering, discomfort, and inconvenience, and also has lost the abili to engage in activities of daily living, which continues to date and into the future. WHEREFORE, Plaintiff Noreen Thompson, as a direct and proximate result of Sim Zim's negligence, seeks damages in an excess of $50,000.00, which includes mone for lost wages, compensatory damages for the pain and suffering to which s y he has been subjected, together with such further relief as may be deemed appropriate. THE LAW OFFICE OF DAVID W. BROWN By: David W. Brown, Esquire 102 Pickering Way, Suite 200 Exton, PA 19341 (484) 875-3152 Attorney for Plaintiff Noreen Thompson 6 VERIFICATION I, Noreen Thompson, have read the foregoing Complaint and verify that the contents thereof are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r Noreen Thompson Date: ' O ?? CA) y HILO 9 `122 P i-i ! ? 27 410. ©© • P8' Ash/ i3O 3446 PYt d01 Sheriffs Office of Cumberland County R Thomas Kline 4?"Yr et 4Cjr+nb0r4t4'0 Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy O€F,cE THE = -ERA€€ Civil Process Sergeant Noreen Thompson vs. Sim Zim Associates, LP SHERIFF'S RETURN OF SERVICE Case Number 2009-632 06/10/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sim Zim Associates, LP, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Delaware County, PA to serve the within Complaint and Notice according to law. 06/23/2009 Delaware County Return: And now June 17, 2009 I, Joseph F. McGinn, Sheriff of Delaware County, Pennsylvania, do herby return the within Complaint and Notice, upon the within named defendant, to wit: Sim Zim Associates LP as not served SHERIFF COST: $37.00 June 23, 2009 r....3 C-3 DELAWARE COUNTY SHERIFF'S OFFICE 201 WEST FRONT STREET MEDIA PA 19063 County CUMBERLAND / Date Received 6/17/2009 VS Date Returned 6/17/2009 3:50 PM SIM ZIM 09-6:32 Returned by the Delaware County Sheriff's Department for the following reason(s): EXACT COST-MUST CALL AHEAD-NO REFUNDS DIRECTIONS ARE NEEDED A COMPLETE ADDRESS IS NEEDED INCLUDING STREET NAME AND # AN APARTMENT, BUILDING AND/OR SUITE NUMBER IS NEEDED A DELAWARE COUNTY SHERIFF'S RETURN OF SERVICE FORM IS NEEDED (NO PHOTO COPIES OR SELF MADE FORMS ACCEPTED) WE NEED ADDITIONAL COMPLAINTS/SUMMONS MUST BE DEPUTIZED BY YOUR SHERIFF'S DEPARTMENT YOUR CHECK NEEDS TO BE SIGNED DELAWARE COUNTY SHERIFF'S OFFICE ACCEPTS ATTORNEY'S FIRM CHECKS, MONEY ORDERS OR CASHIER'S CHECKS ONLY! NO PERSONAL CHECKS! koo WE MUST HAVE 10 (TEN) DAYS TO SERVE _ %/ WE MUST HAVE A REINSTATED DATE FROM YOUR PROTHONOTARY'S OFFICE STAMPED ON PAPER(S) TO BE SERVED A SHERIFF'S RETURN OF SERVICE FORM IS NEEDED FOIE EACH DEFENDANT- NOTE: USE FORM WHERE THE CASE WAS FILED. SEND A LARGE SELF-ADDRESSED STAMPED ENVELOPE FOR EACH CASE BEING ATTEMPTED. IF YOU HAVE MORE THAN ONE DEF IN A CASE YOU MUST PROVIDE A .LARGE SELF-ADDRESSED STAMPED ENVELOPE FOR EACH FOR PROOF OF SERVICE ATTEMPT[S] TO BE RETURNED TO YOU PROMPTLY. LARGE IS A SIZE 11 OR HIGHER. WRONG COUNTY 400 OTHER (SPECIFY) _Questions? Cd// Jessica a 610-891-4301 David W. Brown, Esquire Attorney ID# 59404 Borjeson & Maizel 1500 Walnut Street, Ste. 413 Philadelphia, PA 19102 (215) 772-3020 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOREEN THOMPSON SA Richland Lane, #104 Camp Hill, PA 17011, Plaintiff SIM ZIM ASSOCIATES LP 3437 Simpson Ferry Road Camp Hill, PA 17011 CIVIL ACTION -LAW No. 09-632 Civil Term JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-referenced matter. A copy of the time- stamped Complaint is attached. D id W. Brown, Esquire Attorney for Plaintiff Date: ~-~ ~ Uj 2vv l ~~^R?~ a ~'' ~_ 1?E~ _ _%r ,~ /O. OCR PG~ R / ~y lJ~~ t G ~ ~ ~ ~ 2 ~~ C~c # 3~ ~7 Sheriff s Office of Cumberland County R Thomas Kline Sher ~uzltr of ~C'~1rrr~6~,y„t Ronny R Anderson ~ ~ Chief Deputy ~~ ~ '~ ; ,.in J j Jody S Smith ~ Civil Process Sergeant ~r~c~ or r~~ ~rEaicF Edward L Schorpp Solicitor ICE= ~ . ~._ r L~%~ F';if~ ~ L l~sf ~~ 3 ! ;i, (' ~ ..~r Noreen Thompson vs. Sim Zim Associates, LP Case Number 2009-632 SHERIFF'S RETURN OF SERVICE 07/16/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sim Zin Associates, LP, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Delaware County, PA to serve the within Complaint and Notice according to law. 08/04/2009 Delaware County Return: And now, August 4, 2009 at 1920 hours I, Joseph F. McGinn, Sheriff of Delaware County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Sim Zim Associates, LP the defendant named in the within Complaint and that I am unable to find them in the County of Delaware and therefore return same NOT FOUND. SHERIFF COST: $37.00 SO ANSWERS, - - August 11, 2009 R THOMAS KLINE, SHERIFF Ir1~The Court of Common Pleas of ,Cu~erland County, Pennsylvania , Noreen Thompson vs. Sim Zim Associates, LP 1250 E. Baltimore Pike, #5233 Springfield, PA 19064 f~~~ ~'~~ ~~~s1a9 i ~~' Ci.~l No. 3009-632 Now, July 16, 2009, I, SHER F OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute th' putation being made at the request and risk of the Plaintiff. ~~~ ~a Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made lmown to So answers, 20 , at o'clock M, served the ~ : j ~~ ' Sheriff of L ~G011w~a ~~w ^"o°'~''~ ""° ~ COSTS Sworn and subscribed b fore SERVICE me t ~ ~--day of ,20 (~ MILEAGE %~ AFFIDAVIT the contents thereof County, PA copy of the original u~=v~v( ~ ~Lpd 1v~- ( r~ ~~s , ~~l~}~ F~ 5, h. ~', r~ 1:4A v 3Yi+NN~i ilk ~iX.JA3NAA4A6FA~~ ~~ .~a~2.~r-rc~trr ~ ~+du9 ~IoY1 a!~ '' M ~~Afii, YMuo~ s~wrleQ ..o~od Ri1f~M .~ David W. Brown, Esquire Attorney ID# 59404 2G ~ 0 J ;~~ ~ ~ r ~ ~ = ~ ~ Borjeson & Maizel 1500 Walnut Street, Ste. 413 ~u ~~ - -~``~+'° Philadelphia, PA 19102 r` '' "'' ~''~ ~' ' ~'''" (2151772-3020 NOREEN THOMPSON :COURT OF COMMON PLEAS CUMBERLAND COUNTY V. SIM ZIM ASSOCIATES LP No. 09-632 Civil Term JURY TRIAL DEMANDED CIVIL ACTION -LAW PROOF OF SERVICE I, ROBERT P. MAIZEL, ESQUIRE, being duly sworn, upon oath, deposes and says as follows 1. I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the Civil Action Complaint filed in this action to the following: Mr. Joseph Frio, President, Sim Zim Associates, 2018 South Federal Highway, Unit #308-A, Boynton Beach, FL 33435 which said mailing was forwarded by post office to Springfield Mall in Pennsylvania. A copy of my transmittal letter is attached hereto as Exhibit "A". 2. I further depose and say that I thereafter received from the Postmaster of Springfield Mall, PA, a return receipt bearing the notation "Date of Delivery: 1/14/10". A copy of the official return receipt is attached hereto as Exhibit "B". BORJESON &MAIZEL, LLC C~ ~ '.~ BY: DAVID W. BROWN, ESQUIRE Attorney for Plaintiff Dated: January 27, 2010 ~ ~ BOR E,~ON~h'MAIZEL, LLC ERIC S. BORJESON -ROBERT P. MAIZEL' -DAVID W. BROWN 'Member of the PA ~ NJ BAR December 15, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Joseph Frio, President Sim Zim Associates 2018 South Federal Highway, Unit #308-A Boynton Beach, FL 33435 Re: Thompson v. Sim Zim Associates Dear Mr. Frio: I represent Noreen Thompson, who sustained injuries when she fell on the sidewalk outside her employer, Cinema Center, at the Harrisburg West Shopping Center on February 12, 2007. It is my understanding that you are the president if Sim Zim Associates, which was responsible for maintaining the common area, including the parking lot and sidewalk, adjacent to Cinema Center. I filed suit on behalf of Ms. Thompson. Enclosed please find the Complaint. Thank you for your attention in this matter. Very t yours, DAVID W. BROWN DWB/ar enclosure ~~ d 1500 Walnut St., Suite 413 • Philadelphia, PA 19102 • Tel.: (215) 772-3020 • Fax: (215) 772-1908 www borjesonmaizel.com • www theworlcinjuryfirm.com • wwvv phillyaccidentlaw com a ~l a r'; o; o" j acs o i v 0 o` ~o ~ V 0 ~` _: ..~ i u. { cV EL ~1 ~ / NOTICE TO PLEAD TO: PLAINTIFFS YOU ARE HEREBY NOTIFIED TO PLEAD THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HERETO OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WILLIAM J. FERREN & ASSOCIATES By: Patrick J. Moran, Esquire Attorney LD. #61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Noreen Thompson v. Sim Zim Associates LP No.: 09-632 Jury Trial Demanded Civil Action -Law ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER `'~ ~ J ~ :7 '~ ~ ~~ _~ C7 ~ r ~'_~ ' i A ~ ` ~: tom;. C~:: - ! _; -~ ' ~+ c,~: Defendant, Sim Zim Associates, LP, by and through its counsel, Patrick J. Moran, Esquire, hereby file their Answer to Plaintiff's Complaint with New Matter, and in support thereof aver the following: 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 1 of plaintiffs Complaint and thus, said allegations are denied with strict proof demanded at trial. 2. Admitted in part; denied in part. It is admitted that Sim Zim Associates, LP is a Pennsylvania Limited Partnership in the Commonwealth of Pennsylvania. It is denied that there is an office located at 3427 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 3 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 4 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 5 of plaintiffs Complaint and thus, said allegations are denied with strict proof demanded at trial. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 6 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 7. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 7 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. By way of further answer, the averment contained in paragraph 7 of plaintiff s Complaint is a conclusion of law to which no response is required. 8. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 8 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 9. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 9 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 10. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 10 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 11. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 11 of plaintiff's Complaint and thus, said allegations are denied with strict_proof demanded at trial. 12. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 12 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 13. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 13 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 14. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 14 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 15. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 15 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 16. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 16 of plaintiff's Complaint and thus, said allegations are denied with strict proof demanded at trial. 17. The averment contained in paragraph 17 of plaintiff's Complaint is a conclusion of law to which no response is required. COUNTI NEGLIGENCE 18. Paragraph 18 is an incorporation paragraph to which no response is required. 19. (a)-(c) The averments contained in paragraph 19(a)-(c) of plaintiff's Complaint are conclusions of law to which no response is required. 20. The averment contained in paragraph 20 of plaintiff's Complaint is a conclusion of law to which no response is required. 21. The averment contained in paragraph 21 of plaintiffs Complaint is a conclusion of law to which no response is required. 22. The averment contained in paragraph 22 of plaintiff's Complaint is a conclusion of law to which no response is required. WHEREFORE, defendant, Sim Zim Associates, LLC, respectfully requests that judgment be entered in its favor and against the plaintiff. NEW MATTER 16. Defendant hereby asserts as an affirmative defense the Pennsylvania Comparative Negligence Act which bars and/or prohibits plaintiff's claims for recovery, in whole or in part, due to carelessness, recklessness and negligence of the plaintiff. 17. Defendant hereby asserts that the claims of the plaintiff are barred in whole or in part by the Doctrine of the Assumption of the Risk and/or Comparative Negligence. 18. Defendant hereby asserts that the plaintiffs Complaint fails to state a cause of action upon which relief may be granted against defendant. 19. Defendant hereby denies any negligence, carelessness or failure in any duties allegedly owed to the plaintiff on its part. 20. Defendant asserts that if the plaintiff sustained any injuries/damages as alleged in the Complaint, the facts being specifically denied by the answering defendant, those injuries/damages were caused by the acts or omissions of persons other than the answering defendant over whom/which the answering defendant had no control or right of control. WHEREFORE, defendant, Sim Zim Associates, LLC, respectfully requests that judgment be entered in its favor and against the plaintiff. WILLIAM J. FERREN & ASSOCIATES ,- By: Patrick .Moran, Esquire Attorney for Defendant VERIFICATION I, JOSEPH FRIO, verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ BY: /.. WILLIAM J. FERREN & ASSOCIATES PATRICK J. MORAN, ESQUIRE Dated: ~`' =~ ,?v" ~'~ WILLIAM J. FERREN ~ ASSOCIATES By: Patrick J. Moran, Esquire Attorney I.D. #61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Noreen Thompson No.: 09-632 v. Jury Trial Demanded Sim Zim Associates LP Civil Action -Law CERTIFICATE OF SERVICE I, Patrick J. Moran, Esquire, hereby certify that I have served upon all persons listed below a true and correct copy of the foregoing Answer of Defendant, Sim Zim Associates LP to Plaintiff's Complaint with New Matter in the above-captioned matter this date by First- Class Mail, postage prepaid to all parties listed below: David W. Brown, Esquire Borjeson & Maizel, LLC 1500 Walnut Street, Suite 413 Philadelphia, PA 19102 WILLIA RR N & ASS CIATES Patrick J oran, Esquire Attorney for Defendant Dated: ~ f ~~ ~~c NOREEN THOMPSON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. SIM ZIM ASSOCIATES LP, : DEFENDANT 09-632 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of June, 2010, upon consideration of defendant's motion to compel plaintiff's answers to interrogatories and request for production of documents IT IS ORDERED: (1) A Rule is issued upon plaintiff to show cause why the requested relief should not be granted; (2) Plaintiff shall file an answer to the motion within twenty-one (21) days of the date of this order; (3) The petition shall be decided under Pa.R.C.P. 206.7; (4) Following receipt of plaintiff s answer, if the court determines that oral argument is necessary it will be scheduled. By the Court, Albert H. Masland, J. David W. Brown, Esquire For Plaintiff ~ ~ ~ Patrick J. Moran, Esquire r; ,:_,~ ~_ ,;_ For Defendant s : °~ ~ 4 :Sal ,-_ ~'I cv ~ , L ~ =_:;t.~ _s csa -< WILLIAM J. FERREN & ASSOCIATES By: Patrick J. Moran, Esquire Attorney I.D. #61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Noreen Thompson No.: 09-632 c N v. Jury Trial Demanded -c~~ ? ~ -7 Sim Zim Associates LP Civil Action -Law ~~?~ti; a ~~` '~ { _. _. l "~ .....~ T ~~ ~ ~~ p. PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO THE PROTHONOTARY: Kindly withdraw Defendants' Motion to Compel Plaintiffs' Responses to Interrogatories and Request for Production of Documents Propounded by Defendants. Plaintiff's responses were received by the undersigned on June 28, 2010. WILLIAM J. FERREN & ASSOCIATES Bye. -~~~.~~- Patrick J. Moran, Esquire Attorney for Defendant 10-6343G CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas NOREEN M. THOMPSON - VS - SIM ZIM ASSOCIATES, LP Cumberland County No. 09-632 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of PATRICK J. MORAN, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are . attached to the notice of intent to server the subpoena(s). ~ .. ~-; , ~ -ra ~CZ7 rJ Y"~1~.. ~+ ~ T ~~ „T -t0 ~_ ~ e,.a. ~~ ~..~ ""`~. „.1 DATE: 10/5/2010 ESQUIRE Counsel for Defendant Center City Legal Reproductions, Inca 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ^_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com NOREEN M. THOMPSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. SIM ZIM ASSOCIATES, LP No. os-s32 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DAVID W. BROWN, ESQUIRE BORJESON & MAIZEL, LLC 1500 WALNUT STREET SUITE 413 PHILADELPHIA, PA 19102 Please take notice there has been a request by PATRICK J. MORAN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to NOREEN M. THOMPSON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: September 14, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page ~"'• Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 '- (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com NOREEN M. THOMPSON CCLR File NO. 10-6343G vs. SIM ZIM ASSOCIATES, LP COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 9/14/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X-Rays sent to me. yeS / n0 (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 10/5/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before yes / n0 deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) /defendant(s) DAVID W. BROWN, ESQUIRE BORJESON & MAIZEL, LLC 1500 WALNUT STREET SUITE 413 PHILADELPHIA, PA 19102 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOREEN M. THOMPSON VS SIM ZIM ASSOCIATES File No. 09-632 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GEORGE R. LITTLE, MD -MEDICAL RECORDS DEPT (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 Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to NOREEN M. THOMPSON. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICK J. MORAN, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOREEN M. THOMPSON VS SIM ZIM ASSOCIATES File No. 09-632 TO: GEORGE W. KUNKEL, MD -MEDICAL RECORDS DEPT (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 Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to NOREEN M. THOMPSON. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICK J. MORAN, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOREEN M. THOMPSON VS SIM ZIM ASSOCIATES File No. 09-632 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL -MEDICAL RECORDS DEPT (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 Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to NOREEN M. THOMPSON. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICK J. MORAN, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOREEN M. THOMPSON VS SIM ZIM ASSOCIATES File No. 09-632 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL -RADIOLOGY FILE ROOM (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 Any and all radiology reports pertaining to NOREEN M. THOMPSON. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICK J. MORAN, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOREEN M. THOMPSON VS SIM ZIM ASSOCIATES File No. 09-632 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA -RECORDS DEPT (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 Any and all medical records, including all treating doctors at this facility, including John R. Frankeny, M.D., Richard J. Boal, M.D. and Steven B. Wolf, M.D, reports, progress reports, doctors notes, charts, test results, lab tests, evaluations, etc., pertaining to NOREEN M. THOMPSON. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICK J. MORAN, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND V NOREEN M. THOMPSON VS SIM ZIM ASSOCIATES File No. 09-632 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SADIA R. KHAN, MD -MEDICAL RECORDS DEPT (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 Any and all medical records, reports, office notes,. progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to NOREEN M. THOMPSON. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICK J. MORAN, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) David. Brown, Esquire Borjeson & Associates 1500 Walnut Street, Suite 413 Philadelphia, PA 1.9102 215-772-3020 Attorney ID# 59404 Attorney for Plaintiff FILED-OFFICE CF ME PROIHONOTARr, ?0! ! JUN 17 Pm I: Q I CU RENNSYL?COUNT to NOREEN THOMPSON Plaintiff, VS. SIM ZIM ASSOCIATES LP Defendant COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA NO. 09-632 Civil Term PRAECIPE TO SETTLE DISCONTINUE AND END To the Prothonotarv: Please mark this matter settled, discontinued, and ended. BORJESON & ASSOCIATES David Brown, Esquire Attorney for Plaintiff Noreen Thompson CERTIFICATE OF SERVICE I, David Brown, Esquire, hereby certify that I am this 15th day of June 2011 serving the Foregoing Praecipe to Settle, -Discontinue, and End upon the following person by first class mail: Patrick I. Moran, Esquire William J. Ferren & Associates Two Sentry Parkway, Suite 301 Blue Bell, PA 19422 (counsel for Defendant Sim Lim Associates LLP) V 5` f BY: David Brown, Esq.