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HomeMy WebLinkAbout09-1115BENITA A. GARRETT and DAVID L. GARRETT, Her Husband 6150 Springford Drive Harrisburg, PA 17111 Plaintiffs V. CAMP HILL APARTMENT ASSOCIATES, L.P., INDIVIDUALLY AND D/B/A SOCIETY HILL APARTMENTS, MADISON OF SOCIETY HILL APARTMENTS and MADISON GROUP APARTMENTS, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BERGEN CAMP HILL GP LLC, INDIVIDUALLY AND D/B/A CAMP HILL APARTMENT ASSOCIATES, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON OF SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BPG MADISON-GP, LLC, INDIVIDUALLY AND T/D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, and MADISON GP LPN, INC., INDIVIDUALLY AND D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO49 ' 1 115 , 2009 ,i v i l Tom'" JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 105389.1 BENITA A. GARRETT and DAVID L. GARRETT, Her Husband 6150 Springford Drive Harrisburg, PA 17111 Plaintiffs V. CAMP HILL APARTMENT ASSOCIATES, L.P., INDIVIDUALLY AND D/B/A SOCIETY HILL APARTMENTS, MADISON OF SOCIETY HILL APARTMENTS and MADISON GROUP APARTMENTS, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BERGEN CAMP HILL GP LLC, INDIVIDUALLY AND D/B/A CAMP HILL APARTMENT ASSOCIATES, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON OF SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BPG MADISON-GP, LLC, INDIVIDUALLY AND T/D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, and MADISON GP LPN, INC., INDIVIDUALLY AND D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. d 9- 2009 JURY TRIAL DEMANDED COMPLAINT Parties 1. Plaintiffs, Benita A. Garrett and David L. Garrett, her husband, are adult individuals who currently reside at 6150 Springford Drive, Harrisburg, Dauphin County, PA 17111, and at all times relevant hereto resided at Apartment No. 702, 2907 Westbury Court, Camp Hill, Cumberland County, PA 17011, as tenants of the Landlord identified herein. 2. Defendant, Camp Hill Apartment Associates, L.P., is a limited partnership with a place of business located at 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. Camp Hill Apartment Associates, L.P., did business as Society Hill Apartments, Madison Of Society Hill Apartments And Madison Group Apartments. 3. Defendant, Bergen Camp Hill, GP LLC, is the general partner of Camp Hill Apartment Associates, L.P., and does business as Camp Hill Apartment Associates, L.P. and has an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. 4. Defendant, Society Hill Apartments, is a corporation, partnership, limited liability company or fictitious name of another entity with an address of 2902 Chester Brook Court, Camp Hill, Cumberland County, PA 17011. 5. Defendant, Madison of Society Hill Apartments, is a corporation, partnership, limited liability company or fictitious name of another entity with an address of 2902 Chester Brook Court, Camp Hill, Cumberland County, PA 17011. 6. Defendant, Madison Apartment Group, LP, is a limited partnership or other entity with an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. -2- 7. Defendant, BPG Madison-GP LLC, is the general partner of Madison Apartment Group, L.P., and does business as Madison Apartment Group, L.P., with an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. 8. Defendant, Madison GP LPN, Inc. is the general partner of Madison Apartment Group, L.P., with an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. Facts 9. Plaintiffs, Benita A. Garrett, and her husband, David Garrett, were tenants at Apartment No. 702, 2907 Westbury Court, Camp Hill, Cumberland County, PA 17011, on September 1, 2006. The apartment is located in the apartment complex known as Society Hill Apartments and also known as Madison of Society Hill Apartments. (Hereinafter the apartment complex will be referred to as Society Hill Apartments.) 10. Plaintiffs, Benita Garrett and her husband, David Garrett, remained tenants of the aforesaid apartment until August 31, 2008. 11. Society Hill Apartments are located on a tract of land in Lower Allen Township at the intersection of Lisburn Road and Slate Hill Road designated as 2900 Lisburn Road, Camp Hill, PA 17011. 12. Plaintiff Benita Garrett's apartment was located in a multi-story building at the Society Hill Apartments. The apartment that Ms. Garrett shared with her husband was located on the ground floor. 13. Access to the ground floor of the building in which Ms. Garrett's apartment was located can be obtained through an entrance/exit door located on the ground floor (hereinafter "Exit Door"). -3- 14. At all times relevant hereto, the closing of the Exit Door was controlled by a hydraulic door closer. 15. The hydraulic door closer did not properly control the closing of the Exit Door and the Exit Door would close very rapidly and with excessive force. 16. On March 4, 2007, in the afternoon, Plaintiff, Benita Garrett, was entering her apartment building using the Exit Door. As she entered the building, the door rapidly slammed shut striking Plaintiff, Benita Garrett, with great force on her back, knocking her to the floor. 17. Thereafter, Ms. Garrett crawled along the floor of the hallway to her apartment, knocked on the door and her husband opened it and she entered and called her doctor. COUNTI 18. At all times relevant hereto the owner(s) of the Society Hill Apartments, the owner(s) of the building in which Plaintiff Benita Garrett's apartment was located and the landlord(s) of Benita Garrett and David Garrett was/were: Camp Hill Apartment Associates, L.P., Individually and d/b/a Society Hill Apartments, Madison Of Society Hill Apartments and Madison Group Apartments; Bergen Camp Hill GP LLC, Individually and d/b/a Camp Hill Apartment Associates, LP; Society Hill Apartments; Madison of Society Hill Apartments; Madison Apartment Group, LP; BPG Madison-GP LLC, Individually and t/d/b/a Madison Apartment Group, LP, and/or Madison GP LPN, Inc., Individually and t/d/b/a Madison Apartment Group, LP. 19. Hereinafter, Camp Hill Apartment Associates, L.P., Individually and d/b/a Society Hill Apartments, Madison of Society Hill Apartments and Madison Group Apartments; Bergen Camp Hill GP LLC, Individually and d/b/a Camp Hill Apartment Associates, LP; Society Hill Apartments; Madison of Society Hill Apartments; Madison Apartment Group, LP; BPG Madison- GP LLC, Individually and t/d/b/a Madison Apartment Group, LP, and Madison GP LPN, Inc., -4- Individually and t/d/b/a Madison Apartment Group, LP, shall be referred to collectively as "Landlord" and all allegations with respect to Landlord herein are made with respect to each of the Defendants individually and the Defendants collectively. 20. Defendant, Landlord had actual or constructive notice of the issues that existed with respect to the closing of the Exit Door in ample time to have taken corrective measures prior to Plaintiff, Benita Garrett, being injured. 21. Plaintiff, Benita Garrett, at all times relevant hereto, as a tenant of Defendant, Landlord was a business invitee entitled to the highest duty of care. 22. Defendant Landlord, its agents, servants and employees, were negligent, careless, grossly negligent or reckless in that it and its agents, servants and employees failed to properly maintain the subject door and closer, failed to properly adjust, repair, maintain or replace the door and closer such that the Exit Door would close rapidly and with considerable force, creating a risk of harm to persons using the Exit Door. 23. Defendant, Landlord, its agents, servants and employees, knew of the dangerous condition created by the manner in which the Exit Door would close, knew that the conditions created a substantial risk of harm to tenants and others on the premises using the Exit Door and failed to take timely appropriate measures to correct the condition. 24. Defendant, Landlord failed to properly supervise and oversee its agents, servants and employees, particularly any property manager or maintenance manager. 25. As a direct and proximate result of the negligence, carelessness, gross negligence or recklessness of Defendant, Landlord, its agents, servants and employees, Plaintiff suffered severe, significant, substantial injuries, including injuries to her low back and an aggravation of pre-existing conditions in her back. -5- 26. As a result of the injuries suffered by Plaintiff, Benita Garrett, due to the negligence, carelessness, gross negligence or recklessness of Defendant, Landlord, its agents, servants and employees, Benita Garrett has undergone medical care and continues to have medical care which, in the future, may include surgery. 27. As a result of her injuries, Plaintiff, Benita Garrett, has incurred and will continue to incur medical expenses. 28. As a result of her injuries, Plaintiff, Benita Garrett, has endured pain, suffering, loss of life's pleasures, emotional distress, mental anguish, embarrassment and humiliation. WHEREFORE, Plaintiff, Benita Garrett, demands judgment in her favor against Defendants in an amount in excess of the amount required for arbitration pursuant to local rules, plus interest, costs, punitive damages and damages for delay. COUNT II 29. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if they are fully set forth at length. 30. In the alternative to being owners of the premises at issue in this case, Defendant, Society Hill Apartments, Madison of Society Hill Apartments, Madison Apartment Group, LP, BPG Madison-GP, LLC, Individually and t/d/b/a Madison Apartment Group, LP and/or Madison GP LPN, Inc., Individually and t/d/b/a Madison Apartment Group, LP served as the manager of the Society Hill Apartments at all times relevant hereto. 31. Hereinafter in Count II, Society Hill Apartments, Madison of Society Hill Apartments, Madison Apartment Group, LP, BPG Madison-GP, LLC, Individually and t/d/b/a Madison Apartment Group, LP and/or Madison GP LPN, Inc., Individually and t/d/b/a Madison Apartment Group, LP, shall be referred to collectively as Manager and all allegations with -6- respect to Manager herein are made with respect to each of the aforesaid Defendants individually and the Defendants collectively. 32. Defendant Manager had actual or constructive notice of the issues that existed with respect to the closing of the door in ample time to have taken corrective measures prior to Plaintiff, Benita Garrett, being injured. 33. Plaintiff, Benita Garrett, at all times relevant hereto, at the Society Hill Apartments, was a business invitee entitled to the highest duty of care. 34. Defendant Manager, its agents, servants and employees were negligent, careless, grossly negligent or reckless in that it and its agents, servants and employees failed to properly maintain the subject door and closer, failed to properly adjust, repair, maintain or replace the door and closer such that the Exit Door would close rapidly and with considerable force creating a risk of harm to persons using the Exit Door. 35. Defendant Manager, its agents, servants and employees knew of the dangerous condition created by the manner in which the Exit Door would close, knew that the conditions created a substantial risk of harm to tenants and others on the premises using the Exit Door and failed to take timely appropriate measures to correct the condition. 36. As a direct and proximate result of the negligence, carelessness, gross negligence or recklessness of Defendant Manager, its agents, servants and employees, Plaintiff suffered severe significant substantial injuries set forth in Count I. WHEREFORE, Plaintiff, Benita Garrett, demands judgment in her favor against Defendants in an amount in excess of the amount requiring referral for compulsory arbitration pursuant to local rules, plus interest, costs, punitive damages and damages for delay. -7- COUNT III David L. Garrett v. All Defendants 37. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if fully set forth at length. 38. As a result of the injuries to his wife, Benita Garrett, Plaintiff, David L. Garrett, has been and will be deprived of the society, companionship, contributions, services and consortium of his wife, Benita Garrett, to his great detriment and financial loss. 39. As a direct and proximate result of the tortious conduct of, Defendants, Plaintiff, David L. Garrett, has suffered serious injuries, damages and losses that are described herein. WHEREFORE, Plaintiff, David L. Garrett, demands that judgment be entered in his favor and against Defendants, in an amount in excess of the amount requiring referral to compulsory arbitration pursuant to local rules, plus interest, costs of suit, punitive damages and damages for delay. Respectfully submitted, NSBEOG, P.C. DATE: 3 U 105389.1 By:, -8- 'S? tp4*§ l•M.-Gcher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS VERIFICATION I, BENITA A. GARRETT, Plaintiff, acknowledge that the facts stated in the foregoing. document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Benita A. Garrett 105389.1 VERIFICATION I, DAVID L. GARRETT, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. &'AiL David L. Ga rett 105389.1 0 BENITA A. GARRETT and DAVID L. GARRETT, Her Husband 6150 Springford Drive Harrisburg, PA 17111 Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1115 2009 CIVIL TERM V. CAMP HILL APARTMENT ASSOCIATES, L.P., INDIVIDUALLY AND D/B/A SOCIETY HILL APARTMENTS, MADISON OF SOCIETY HILL APARTMENTS and MADISON GROUP APARTMENTS, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BERGEN CAMP HILL GP LLC, INDIVIDUALLY AND D/B/A CAMP HILL APARTMENT ASSOCIATES, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON OF SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BPG-MADISON GP, LLC, INDIVIDUALLY AND T/D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, and MADISON GP LPN, INC., INDIVIDUALLY AND D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, Defendants JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY, CUMBERLAND COUNTY: Please reinstate the Complaint in the above captioned action. TUCKER By: 106727.1 Attorney's I.D. No. PAA803 ( ' DATE: ///() 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS OF THE F9C?? ?IRf?( 2009 APR -3 Pig !: 45 p-T# ala3 ao(P SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL 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: CAMP HILL APARTMENT ASSOCIATES LP but was unable to locate Her deputized the sheriff of BUCKS in his bailiwick. He therefore serve the within COMPLAINT & NOTTrR County, Pennsylvania, to On April 20th , 2009 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 .00 nn G ? V V 04/21/2009 TUCKER ARENSBURG So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. BLED--O .FiCE OF THE PcRiT PNOTARY 2009 APP 21 PH 2: 4 D ##?? t PENNOY, ff '.)t`v SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL 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 BERGEN CAMP HILL GP LLC but was unable to locate Them deputized the sheriff of BUCKS to wit: AND D/B/A CAMP HILL APT ASSOC in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 20th , 2009 , this office was in receipt of t attached return from BUCKS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 nn 04/21/2009 TUCKER ARENSBURG So answer R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. FILED-,Cll?'`iGE OF THE PtP 'MI--".-l- ,,0TARY 2009 APP 2 1 P 2= 4 0 V?u 'J r T i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL 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 MADISON APARTMENT GROUP LP but was unable to locate Them deputized the sheriff of BUCKS to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 20th , 2009 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 04/21/2009 TUCKER ARENSBERG So answers- R'. ' Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. RLEL-0;FIDE OF THc P?'_,l TT?,_Tf"%CJTARY 2009 APR 21 PH 2* 40 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL 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: BPG MADISON-GP LLC but was unable to locate Them deputized the sheriff of BUCKS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 20th , 2009 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 -V -vv 04/21/2009 TUCKER ARENSBERG Sworn and subscribe to before me this day of So answer Rl- R! Thomas Kline Sheriff of Cumberland County A. D. FRLE C r=i" a*E OF THE PR07h;n?NFT.RY ..? _„ dom. 2004 APR 21 Pit 2: 4, 0 ?L tf R-Y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL 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: MADISON GP LPN INC but was unable to locate Them deputized the sheriff of BUCKS serve the within COMPLAINT k NnTTrP. County, Pennsylvania, to On April 20th , 2009 , this o attached return from BUCKS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 04/21/2009 TUCKER ARENSBERG ce was in receipt of the So answers- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. FILED-C -!:luE OF THE ItRY 2009 APR 2 t PH 2: 4 Q }4 p 'J('`?? i c-N SHERIFF'S RETURN - REGULAR CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL DENNIS FRY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MADISON OF SOCIETY HILL APARTMENTS DEFENDANT Sheriff or Deputy Sheriff of was served upon the , at 0014:25 HOURS, on the 2nd day of March , 2009 at 2902 CHESTERPRooK rnrTRT CAMP HILL, PA 17011 TONI STOCKDALE by handing to COMMUNITY DIRECTOR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.70 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.70 04/21/2009 TUCKER ARENSBERG Sworn and Subscibed to By: before me this day Deputy, heriff of A. D. FILED--0'--'!"'E OF THE 2HI, AP G 1 Pill 2. 41 C4 s' t)r vT\i° SHERIFF'S RETURN - REGULAR CASE NO: 2009-01115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRET BENITA A ET AL VS CAMP HILL APRTMENT ASSOC ET AL DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SOCIETY HILL APARTMENTS DEFENDANT at 0014:25 HOURS, on the at 2902 CHFSTRR RRnnu r-nTTDT CAMP HILL, PA 17011 TONI STOCKDALE was served upon the 2nd day of March , 2009 by handing to COMMUNITY DIRECTOR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 nn i - . V V Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/21/2009 TUCKER ARENSBERG By. Deputy he ff A. D. FILE ID-ID VCE OF THE PRO-i r ?`° CTAPY 2009 APR 21 Hi 2. 4 1 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Attorney for Defendants Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko@maroolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BENITA A. GARRETT and DAVID L. GARRETT, Her Husband, Plaintiffs V. DOCKET NO. 1115 2009 Civil Term CAMP HILL APARTMENT ASSOCIATES, L.P. CIVIL ACTION - LAW and BERGEN CAMP HILL GP, LLC, and JURY TRIAL DEMANDED MADISON APARTMENT GROUP, L.P. and BPG-MADISON GP, LLC, Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendants, Camp Hill Apartment Associates, L.P., Bergen Camp Hill GP, LLC, Madison Apartment Group, L.P. and BPG- Madison GP, LLC, in the above-captioned matter. EDELSTEIN Date: By. AJ I C\ S N L. BA KO, JR. Attornev for Defendants I HEREBY CERTIFY that I served a true and correct copy of the foregoing 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 , 2009, and addressed as follows: Stephen M. Greecher, Jr. TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (Counsel for Plaintiffs) C) (? 7 Aiu,}sla-Ali-6awan, Secretary 3 Fi' ED-UF? OF THE ?^M 2Cu9 AVRX 27 F ; 0 1 t ?V- BENITA A. GARRETT and DAVID L. GARRETT, Her Husband 6150 Springford Drive Harrisburg, PA 17111 Plaintiffs V. CAMP HILL APARTMENT ASSOCIATES, L.P., INDIVIDUALLY AND D/B/A SOCIETY HILL APARTMENTS, MADISON OF SOCIETY HILL APARTMENTS and MADISON GROUP APARTMENTS, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BERGEN CAMP HILL GP LLC, INDIVIDUALLY AND D/B/A CAMP HILL APARTMENT ASSOCIATES, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON OF SOCIETY HILL APARTMENTS 2902 Chester Brook Court Camp Hill, Cumberland County, PA 17011 and MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BPG-MADISON GP, LLC, INDIVIDUALLY AND T/D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, and MADISON GP LPN, INC., INDIVIDUALLY AND D/B/A MADISON APARTMENT GROUP, LP 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1115 2009 CIVIL TERM JURY TRIAL DEMANDED Fi?F OF THE e = :` '` '%.^RY 2009 APR 29 Pill 12: 4 I. ,r BENITA A. GARRETT and DAVID L. GARRETT, Her Husband 6150 Springford Drive Harrisburg, PA 17111 Plaintiffs NO. 1115 2009 CIVIL TERM V. CAMP HILL APARTMENT ASSOCIATES, L.P 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BERGEN CAMP HILL GP, LLC, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and MADISON APARTMENT GROUP, L.P. 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BPG-MADISON GP, LLC, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mfis adelante en las siguientes peginas, debe tomar accibn dentro de los prbximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicendo en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada eh la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mfis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 105389.1 BENITA A. GARRETT and DAVID L. GARRETT, Her Husband 6150 Springford Drive Harrisburg, PA 17111 Plaintiffs V. CAMP HILL APARTMENT ASSOCIATES, L. P. 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BERGEN CAMP HILL GP, LLC, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and MADISON APARTMENT GROUP, L.P. 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067 and BPG-MADISON GP, LLC, 770 Township Line Road, Suite 150 Yardley, Bucks County, PA 19067, Defendants CIVIL ACTION - LAW NO. 1115 2009 CIVIL TERM JURY TRIAL DEMANDED AMENDED COMPLAINT Parties 1. Plaintiffs, Benita A. Garrett and David L. Garrett, her husband, are adult individuals who currently reside at 6150 Springford Drive, Harrisburg, Dauphin County, PA 17111, and at all times relevant hereto resided at Apartment No. 702, 2907 Westbury Court, Camp Hill, Cumberland County, PA 17011, as tenants of the Landlord identified herein. 2. Defendant, Camp Hill Apartment Associates, L.P., is a limited partnership with a place of business located at 770 Township Line Road, Suite 150, Yardley, Bucks County, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 19067. 3. Defendant, Bergen Camp Hill, GP LLC, is the general partner of Camp Hill Apartment Associates, L.P., and has an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. 4. Defendant, Madison Apartment Group, L.P., is a limited partnership or other entity with an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. 5. Defendant, BPG-Madison GP, LLC, is the general partner of Madison Apartment Group, L.P., with an address of 770 Township Line Road, Suite 150, Yardley, Bucks County, PA 19067. Facts 6. Plaintiffs, Benita A. Garrett, and her husband, David Garrett, were tenants at Apartment No. 702, 2907 Westbury Court, Camp Hill, Cumberland County, PA 17011, on September 1, 2006. The apartment is located in the apartment complex known as Society Hill Apartments and also known as Madison at Society Hill Apartments. (Hereinafter the apartment complex will be referred to as Society Hill Apartments.) 7. Plaintiffs, Benita Garrett and her husband, David Garrett, remained tenants of the aforesaid apartment until August 31, 2008. 8. Society Hill Apartments are located on a tract of land in Lower Allen Township at the intersection of Lisburn Road and Slate Hill Road designated as 2900 Lisburn Road, Camp Hill, PA 17011. 9. Plaintiff Benita Garrett's apartment was located in a multi-story building at the Society Hill Apartments. The apartment that Ms. Garrett shared with her husband was located on the ground floor. -2- 10. Access to the ground floor of the building in which Ms. Garrett's apartment was located can be obtained through an entrance/exit door located on the ground floor (hereinafter "Exit Door") 11. At all times relevant hereto, the closing of the Exit Door was controlled by a hydraulic door closer. 12. The hydraulic door closer did not properly control the closing of the Exit Door and the Exit Door would close very rapidly and with excessive force. 13. On March 4, 2007, in the afternoon, Plaintiff, Benita Garrett, was entering her apartment building using the Exit Door. As she entered the building, the door rapidly slammed shut striking Plaintiff, Benita Garrett, with great force on her back, knocking her to the floor. 14. Thereafter, Ms. Garrett crawled along the floor of the hallway to her apartment, knocked on the door and her husband opened it and she entered and called her doctor. COUNTI 15. At all times relevant hereto the owner of the Society Hill Apartments and the owner of the building in which Plaintiff Benita Garrett's apartment was located and the landlord of Benita Garrett and David Garrett was Camp Hill Apartment Associates, L.P., its general partner being Bergen Camp Hill GP LLC. 16. Hereinafter, Camp Hill Apartment Associates, L.P., and Bergen Camp Hill GP, LLC, shall be referred to collectively as "Landlord" and all allegations with respect to Landlord herein are made with respect to each Defendant individually and the Defendants collectively. 17. Landlord had succeeded to the obligations of the prior owner at the time of closing on the Landlord's acquisition of the Society Hill Apartments. -3- 18. Defendant, Landlord had actual or constructive notice of the issues that existed with respect to the closing of the Exit Door in ample time to have taken corrective measures prior to Plaintiff, Benita Garrett, being injured. 19. Plaintiff, Benita Garrett, at all times relevant hereto, as a tenant of Defendant, Landlord was a business invitee entitled to the highest duty of care. 20. Defendant Landlord, its agents, servants and employees, were negligent, careless, grossly negligent or reckless in that it and its agents, servants and employees failed to properly maintain the subject door and closer, failed to properly adjust, repair, maintain or replace the door and closer such that the Exit Door would close rapidly and with considerable force, creating a risk of harm to persons using the Exit Door. 21. Defendant, Landlord, its agents, servants and employees, knew of the dangerous condition created by the manner in which the Exit Door would close, knew that the conditions created a substantial risk of harm to tenants and others on the premises using the Exit Door and failed to take timely appropriate measures to correct the condition. 22. Defendant, Landlord failed to properly supervise and oversee its agents, servants and employees, particularly any property manager or maintenance manager. 23. As a direct and proximate result of the negligence, carelessness, gross negligence or recklessness of Defendant, Landlord, its agents, servants and employees, Plaintiff suffered severe, significant, substantial injuries, including injuries to her low back and an aggravation of pre-existing conditions in her back. 24. As a result of the injuries suffered by Plaintiff, Benita Garrett, due to the negligence, carelessness, gross negligence or recklessness of Defendant, Landlord, its agents, servants and employees, Benita Garrett has undergone medical care and continues to have medical care which, in the future, may include surgery. -4- 25. As a result of her injuries, Plaintiff, Benita Garrett, has incurred and will continue to incur medical expenses. 26. As a result of her injuries, Plaintiff, Benita Garrett, has endured pain, suffering, loss of life's pleasures, emotional distress, mental anguish, embarrassment and humiliation. WHEREFORE, Plaintiff, Benita Garrett, demands judgment in her favor against Defendants in an amount in excess of the amount required for arbitration pursuant to local rules, plus interest, costs, and damages for delay. COUNT II 27. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if they are fully set forth at length. 28. Madison Apartment Group, L.P., its general partner being BPG-Madison GP, LLC, served as the manager of the Society Hill Apartments at all times relevant hereto. 29. Hereinafter in Count II, Madison Apartment Group, L.P. and BPG-Madison GP, LLC, shall be referred to collectively as Manager and all allegations with respect to Manager herein are made with respect to each of the aforesaid Defendants individually and the Defendants collectively. 30. Defendant Manager had actual or constructive notice of the issues that existed with respect to the closing of the door in ample time to have taken corrective measures prior to Plaintiff, Benita Garrett, being injured. 31. Plaintiff, Benita Garrett, at all times relevant hereto, at the Society Hill Apartments, was a business invitee entitled to the highest duty of care. 32. Defendant Manager, its agents, servants and employees were negligent, careless, grossly negligent or reckless in that it and its agents, servants and employees failed to -5- properly maintain the subject door and closer, failed to properly adjust, repair, maintain or replace the door and closer such that the Exit Door would close rapidly and with considerable force creating a risk of harm to persons using the Exit Door. 33. Defendant Manager, its agents, servants and employees knew of the dangerous condition created by the manner in which the Exit Door would close, knew that the conditions created a substantial risk of harm to tenants and others on the premises using the Exit Door and failed to take timely appropriate measures to correct the condition. 34. As a direct and proximate result of the negligence, carelessness, gross negligence or recklessness of Defendant Manager, its agents, servants and employees, Plaintiff suffered severe significant substantial injuries set forth in Count I. WHEREFORE, Plaintiff, Benita Garrett, demands judgment in her favor against Defendants in an amount in excess of the amount requiring referral for compulsory arbitration pursuant to local rules, plus interest, costs, and damages for delay. COUNT III David L. Garrett v. All Defendants 35. All prior and subsequent paragraphs of the within Complaint are incorporated herein as if fully set forth at length. 36. As a result of the injuries to his wife, Benita Garrett, Plaintiff, David L. Garrett, has been and will be deprived of the society, companionship, contributions, services and consortium of his wife, Benita Garrett, to his great detriment and financial loss. 37. As a direct and proximate result of the tortious conduct of, Defendants, Plaintiff, David L. Garrett, has suffered serious injuries, damages and losses that are described herein. -6- WHEREFORE, Plaintiff, David L. Garrett, demands that judgment be entered in his favor and against Defendants, in an amount in excess of the amount requiring referral to compulsory arbitration pursuant to local rules, plus interest, costs of suit, and damages for delay. Respectfully submitted, DATE: 105389.1 014(17 TUCKER .C. StWhdn M. GfeWer, Jr. Attorney's I. D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS -7- VERIFICATION I, BENITA A. GARRETT, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Benita A. Garrett 105389.1 VERIFICATION I, DAVID L. GARRETT, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. 105389.1 David L. Garrett CERTIFICATE OF SERVICE AND NOW, this agcy day of APRIL, 2009, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 ATTORNEYS FOR DEFENDANTS 106384.1 owo? 92p5Lt2?1 Jac ely Zettlemoyer U (a OF T K,09 AIPR 29 Pl 12:.. 9 CU r `' Vw'!t +!!t 4 4& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BENITA A. GARRETT and DAVID L. GARRETT, Her Husband, Plaintiffs V. DOCKET NO. 1115 2009 Civil Term CAMP HILL APARTMENT ASSOCIATES, L.P. and CIVIL ACTION - LAW BERGEN CAMP HILL GP, LLC, and JURY TRIAL DEMANDED MADISON APARTMENT GROUP, L.P. and BPG-MADISON GP, LLC, Defendants The parties hereto, by and through their respective counsel, hereby agree to the following: 1. Plaintiffs' Amended Complaint contains allegations of "recklessness" on the part of Defendants; 2. Although Defendants deny such allegations, based upon this Stipulation, Defendants will not be filing Preliminary Objections to the Amended Complaint as Plaintiffs agree that they are not seeking to recover punitive damages against Defendants. 3. Based upon this Stipulation, Defendants will file an Answer with New Matter to the Amended Complaint noting the existence of this Stipulation. 4. This Stipulation will be filed, but the parties agree, does not require approval by the court to be effective. TUCKFA/ARWSWG; P.C. Date Date ?f lti3) ? By: By: ,STe-n M. Gre er, Jr. Attorney ID No. 6803 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (Counsel for Plaintiffs) MA S EDELSTEIN ST N . BANKO, JR. Attorney 1D No. 41727 3510 Trindle Road Camp Hill, PA 17011 (Attorney for Defendants Camp Hill Apartment Associates, L.P Bergen Camp Hill GP, LLC, Madison Apartment Group, L.P. and BPG- Madison GP, LLC) 2 46 I HEREBY CERTIFY that I served a true and correct copy of the foregoing 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 , 2009, and addressed as follows: Stephen M. Greecher, Jr. TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (Counsel for Plaintiffs) (4wl'M - &Ma? - Angela M. Gagman, S retary 3 .. FlLE=CE OF TFE PROTHONOTARY' 2009 MAY -b Phi 2: 5 0 PENNSYLVANIA t U. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BENITA A. GARRETT and DAVID L. GARRETT, Her Husband, Plaintiffs V. DOCKET NO. 1115 2009 Civil Term CAMP HILL APARTMENT ASSOCIATES, L.P., and CIVIL ACTION - LAW BERGEN CAMP HILL, GP LLC, INDIVIDUALLY AND D/B/A CAMP HILL APARTMENT ASSOCIATES, LP JURY TRIAL DEMANDED and MADISON APARTMENT GROUP, L.P. and BPG MADISON-GP, LLC, INDIVIDUALLY AND T/D/B/A MADISON APARTMENT GROUP, LP Defendants ANSWER OF DEFENDANTS TO PLAINTIFFS' AMENDED COMPLAINT 1. Admitted in part and denied in part. With regard to the current residence address of Plaintiffs, after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 2. Admitted. 3. Admitted 4. Admitted. 1 r r 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. It is believed and therefore averred that on the date of the incident alleged in Plaintiffs' Amended Complaint, namely March 4, 2007, the door in question operated properly and consistent with the requirements of normal weather conditions. 13. Denied as stated. To the knowledge of Defendants, there were no witnesses to the incident alleged in Plaintiffs' Amended Complaint. However, this alleged occurrence was reported to the Defendants on March 5, 2007. At the time of that report, Plaintiff-Wife reported that due to the high winds affecting the area at that time, an entry door to her apartment building was pushed into her, knocking her to her knees. Accordingly, it is believed and therefore averred that to the extent the incident described in Plaintiffs' Amended Complaint occurred, it occurred as a result of weather conditions not within the control of Defendants. 14. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2 r COUNT I 15. Admitted. 16. Defendants are unable to admit or deny the statement made in this paragraph. 17. Denied. The allegations contained in this paragraph state a legal conclusion to which response is necessary. To the extent a response is deemed necessary, it is specifically denied that any conduct on the part of Defendants was negligent or otherwise caused, contributed to or increased the likelihood of any harm to Plaintiffs. 18. Denied. It is specifically denied that there existed, on the date of the alleged occurrence, a defective condition of which Defendants had any knowledge, actual or constructive. By way of further answer, the Answer contained in paragraph no. 17 hereof is incorporated herein by reference as if set forth in its entirety. 19. Denied. The Answers contained in paragraph nos. 17 and 18 hereof are incorporated herein by reference as if set forth in their entirety. 20. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the Answers contained in paragraph nos. 12, 13, 17 and 18 hereof are incorporated herein by reference as if set forth in their entirety. 21. Denied. The answer contained in paragraph no. 20 hereof is incorporated herein by reference as if set forth in its entirety. 3 r 22. Denied. The answer contained in paragraph no. 20 hereof is incorporated herein by reference as if set forth in its entirety. 23. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the Answer contained in paragraph 20 hereof is incorporated herein by reference as if set forth in its entirety. With regard to any allegation that Plaintiffs sustained personal injury as a result with any conduct on the part of Defendants, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 24. Denied. The answer contained in paragraph 23 hereof is incorporated herein by reference as if set forth in its entirety. 25. Denied. The answer contained in paragraph 23 hereof is incorporated herein by reference as if set forth in its entirety. 26. Denied. The. answer contained in paragraph 23 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. COUNT II 27. The answers contained in paragraphs 1-26 hereof are incorporated herein by reference as if set forth in their entirety. 28. Admitted. 4 29. Defendants are unable to admit or deny the statements made in this paragraph. 30. Denied. The answer contained in paragraph no. 18 hereof is incorporated herein by reference as if set forth in its entirety. 31. Denied. The answer contained in paragraph no. 19 hereof is incorporated herein by reference. 32. Denied. The answer contained in paragraph no. 20 hereof is incorporated herein by reference as if set forth in its entirety. 33. Denied. The answer contained in paragraph no. 21 hereof is incorporated herein by reference as if set forth in its entirety. 34. Denied. The answer, contained in paragraph no. 22 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. COUNT 111 (David L. Garrett v. All Defendants) 35. The answers contained in paragraphs 1-34 hereof are incorporated herein by reference as if set forth in their entirety. 36. The foregoing answers to Plaintiffs' Amended Complaint regarding liability of Defendants and alleged injuries to Plaintiff-Wife are incorporated herein by reference as if set forth in their entirety. Accordingly, with regard to any allegation of the entitlement of Plaintiff-Husband to damages, after reasonable investigation the 5 1 Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 37. Denied. The answers contained in paragraphs 1-36 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. OLIA EDELSTEIN DATE: May tD , 2009 By: 6 SteVh(3 L. B4nko, Jr. Attorne No. 41727 3510 Trindle Road Camp Hill, PA 17011 717-760-7501 n VERIFICATION I, Jamie Rumer, Regional Property Manager, am authorized on behalf of all Defendants to sign this Verification on behalf of those entities. I have read the foregoing Answer to Plaintiffs' Amended Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: 09 ` JAMIE RUMER I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the Uniteed// States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the/Z?day of _ J2Z'e? 2009, and addressed as follows: Stephen M. Greecher, Jr. TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (Counsel for Plaintiffs) 3 CF THE 'OT ARY I'rv