HomeMy WebLinkAbout10-708201
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RICKEY L. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010 - 'T08a III', CIVIL TERM
ROSALIO RUSSO and .
VINCENZA MANNINO, t/a/d/b/a
TWO BROTHERS PIZZERIA
OF CARLISLE, JEANETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON, and
WILLIAM R. COON, CIVIL ACTION - LAW
Defendants
PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons in the above case and forward to the Cumberl Iand County Sheriff's Office for
service upon the defendants as follows:
Rosalio Russo Jeanette Morrison Richard A. Coon William R. Coon
Vincenza Mannino 82 Ridge Avenue Elizabeth K. Coon 1940 Reservoir Dr.
Two Brothers Pizzeria of Carlisle Carlisle, PA 17013 335 Hollowbrook Dr. Carlisle, PA 17013
1917 Spring Road Carlisle, PA 17013
Carlisle, PA 17013
By:
Ma cus A. Knight, III, Esquire
IR & Mc IGHT, P.C.
60 W st Pomfre Street, Carlisle, PA 17,013
Date: November 8, 2010 (717) It Supreme Court I.D. Na: 25476
WRIT OF SUMMONS
TO: ROSALIO RUSSO, VINCENZA MANNINO, t/a/d/b/a TWO BROTHERS PIZZERIA OF CARLISLE,
JEANETTE MORRISON, RICHARD A. COON, ELIZABETH K. COOKY, and WILLIAM R. COON
You are hereby notified that RICKEY L. ZIMMERMAN, plaintiff, has commenced an action against you which
you are required to defend or a default judgment may be entered against you.
PROTHONO ARY
-Ka .0o Po AT1Y
alp V170
Date: NDV 8 , 2010 By: aoryj
DEPUTY (z' a50 935
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
??yiiiir of k?urrtGrrl??$
FILED-OFICE
OF THE PROTPION9TPIl Y
2010 DEC -9 PM 4: 20
Richard W Stewart
Solicitor
¢FF. F ' F 'tip F PIF ?
"LIMBERLANO COU i '"
FENNSYLMKI ^.
Rickey L. Zimmerman I Case Number
s.
Rosvalio Russo and Vincenza Mannino t/a/d/b/a Two Brothers Pizzeria of (et al.) 2010-7082
SHERIFF'S RETURN OF SERVICE
11/16/2010 08:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
November 16, 2010 at 2000 hours, he served a true copy of the within Writ of Summons, upon the within
named defendant, to wit: Jeanette Morrison, by making known unto Eileen Heberlig, adult in charge at 82
Ridge Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same. Eileen Heberlig advised Deputies,
Jeanette Morrison is currently admitted into a hospital.
t _2??
RONALD HOOVER, DEPUTY
11/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Rosalio Russo and Vincenza Mannino t/a/d/b/a Two
Brothers Pizzeria, but was unable to locate them in his bailiwick. He therefore returns the within Writ of
Summons as not found as to the defendant Rosalio Russo and Vincenza Mannino. Current owners of
Two Brothers Pizzeria advised Deputies, Vincenza Mannino has moved back to Italy and he was the
previous owner. However, they do not know the defendant Rosalio Russo.
11/23/2010 09:20 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November
23, 2010 at 2120 hours, he served a true copy of the within Writ of Summons, upon the within named
defendant, to wit: Elizabeth K. Coon, by making known unto herself personally, at 335 Hollow Brook Drive,
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
DENNJ, RY, DEPU
11/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: William R. Coon, but was unable to locate him in his
bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant William R.
Coon. Request for service at 1940 Reservoir Drive, Carlisle, PA 17013 is owned by the defendant but is
not occupied by him which was relayed to Deputies by current tenant. The Carlisle Postmaster has
confirmed, William R. Coon is not known at 1940 Reservoir Drive, Carlisle, PA 17013.
11/29/2010 09:30 AM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on November 29,
2010 at 0930 hours, he served a true copy of the within Writ of Summons, upon the within named
defendant, to wit: Richard A. Coon, by making known unto himself personally, at The Cumberland County
Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
JA N V RAL, DEPUTY
?p? GountySuite Sherff. Ie+P soft. In;;.
SHERIFF COST: $124.04
November 30, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
r; GountySuite St?enff. Tt'iE080ft, Inc.
ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone: [717) 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendants:
Fax: [717) 975-8124 RICHARD A. COON
E-Mail: rkroll@margolisedelstein.com and ELIZABETH K. COON
RICKEY L. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 2010-7082
ROSALIO RUSSO and c ,
VINCENZA MANNINO, t/d/b/a
TWO BROTHERS PIZZERIA z? `j?'
p
OF CARLISLE,
?
_r-
?. M
'
JEANNETTE MORRISON,
RICHARD A. COON,
3- c ?
?
c
ELIZABETH K. COON, and
.r z
r=;
WILLIAM R. COON, , - ,
Defendants.
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly enter my appearance on behalf of Defendants, Richard A. Coon and
Elizabeth K. Coon, in the above-captioned matter.
Respectfully submitted,
TEIN
Date: 1 /G
By:/ / // //,L ?/v
Fax: (717) 975-8124
Email: rkroll@margolisedelstein.com
ROLF-E OLL, ESQUIRE
PA. At rney I.D. No. 47243
Attorney for Defendants,
RICHARD A. COON and
ELIZABETH K. COON
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114 Direct: (717) 760-7502
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
PRAECIPE TO ENTER APPEARANCE on all interested parties by placing the same in
the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the
/jVday o , 2012, and addressed as follows:
s
Marcus A. McKnight, III, Esquire
Irwin & McKnight, P.C.
60 West Pomfret Street
Carlisle, PA 17013-3222
PRIVILEGED AND CONFIDENTIAL
Rosalio Russo and Vincenza Mannino t/d/b/a
Two Brothers Pizzeria of Carlisle
1917 Spring Road
Carlisle, PA 17013
PRIVILEGED AND CONFIDENTIAL
Ms. Jeanette Morrison
82 Ridge Avenue
Carlisle, PA 17013
PRIVILEGED AND CONFIDENTIAL
Mr. William R. Coon
1940 Reservoir Drive
Carlisle, PA 17013
MARGOLIS EDELSTEIN
! o nn E. Nelson, Secretary
ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendants:
Fax: [717] 975-8124 RICHARD A. COON
E-Mail: rkroll@margolisedelstein.com and ELIZABETH K. COON
RICKEY L. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 2010-7082
ROSALIO RUSSO and r..,
VINCENZA MANNINO, t/d/b/a
TWO BROTHERS PIZZERIA M. .ar
OF CARLISLE,
JEANNETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON, and ? - rz?',
WILLIAM R. COON,
Defendants. -'
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue Rule upon Plaintiff to file a Complaint within twenty (20) days from
service hereof or suffer judgment non pros.
Respectfully submitted,
Date:
ZBy:
R F'E, OLL, ESQUIRE
4A,Att rn/iR
ey I.D. #47243
Attorneys for Defendants,
RICHARD A. COON and
ELIZABETH K. COON
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114 Direct: (717) 760-7502
Fax: (717) 975-8124
Email: rkroll@margolisedelstein.com
RICKEY L. ZIMMERMAN,
Plaintiff,
V.
ROSALIO RUSSO and
VINCENZA MANNINO, t/d/b/a
TWO BROTHERS PIZZERIA
OF CARLISLE,
JEANNETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON, and
WILLIAM R. COON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2010-7082
Defendants. :
TO THE PLAINTIFF:
RULE
You are hereby ordered and directed to file your Complaint against the
Defendants, RICHARD A. COON and ELIZABETH K. COON, in the above-captioned
matter within twenty (20) days of service of this Rule against you or suffer judgment
non pros.
Dated:
Prothonotary ?=
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
PRAECIPE FOR RULE TO FILE COMPLAINT on all interested parties by placing the
same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid,
on theday of , 2012, and addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight, P.C.
60 West Pomfret Street
Carlisle, PA 17013-3222
PRIVILEGED AND CONFIDENTIAL
Rosalio Russo and Vincenza Mannino t/d/b/a
Two Brothers Pizzeria of Carlisle
1917 Spring Road
Carlisle, PA 17013
PRIVILEGED AND CONFIDENTIAL
Ms. Jeanette Morrison
82 Ridge Avenue
Carlisle, PA 17013
PRIVILEGED AND CONFIDENTIAL
Mr. William R. Coon
1940 Reservoir Drive
Carlisle, PA 17013
MARGOLIS
Nelson,
RICKEY L.ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO. 2010- 7082 CIVIL TERM
ROSALIO RUSSO and
VINCENZA MANNINO,t/a/d/b/a M M
TWO BROTHERS PIZZERIA rte-
<
(P
OF CARLISLE, JEANETTE MORRISON, CD
4 C)
RICHARD A.COON, =-n
ELIZABETH K.COON,and
WILLIAM R.COON, CIVIL ACTION-LAW
Defendants
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, order 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 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 South Bedford Street
Carlisle,Pennsylvania 17013
(717)249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990.. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
2
RICKEY L.ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO. 2010- 7082 CIVIL TERM
ROSALIO RUSSO and
VINCENZA MANNINO,t/a/d/b/a
TWO BROTHERS PIZZERIA
OF CARLISLE, JEANETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON,and
WILLIAM R. COON, CIVIL ACTION-LAW
Defendants
COMPLAINT
AND NOW, this th day of April 2011, comes the Plaintiff, RICKEY L.
ZIMMERMAN, by his attorneys, Irwin& McKnight, P.C., and makes the following Complaint
against the defendants, ROSALIO RUSSO,VINCENZA MANNINO, t/a/d/b/a TWO
BROTHERS PIZZERIA OF CARLISLE,JEANETTE MORRISON, RICHARD A.
COON,ELIZABETH K. COON, and WILLIAM R. COON:
1 The Plaintiff is Rickey L. Zimmerman, an adult individual residing at Two West Penn
Street, Apartment 206, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendants are Rosalio Russo and Vincenza Mannino, adult individuals who are the
fictitious owners of Two Brothers Pizzeria of Carlisle, doing business at 1917 Spring Road,
Carlisle, Pennsylvania 17013.
3. The Defendant, Jeanette Morrison, is an adult individual residing at 82 Ridge Avenue,
Carlisle, Pennsylvania 17013.
3
4. The Defendants, Richard A. Coon and Elizabeth K. Coon, are adult individuals who
reside at 335 Hollowbrook Drive, Carlisle, Pennsylvania 17013.
5. The Defendant, William R. Coon, is an adult individual whose last known address was
1940 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania 17013.
6 The Defendants, Richard A. Coon, Elizabeth K. Coon and William R. Coon own the real
estate situate at 1917 Spring Road, Carlisle, Pennsylvania 17013.
7. On November 9, 2008, the Plaintiff, Rickey L. Zimmerman, was an invitee at the
premises at which time he purchased a sandwich and as he exited the premises, he tripped over
the concrete barrier near the exit.
8. He fell to the ground injuring his entire right side. He injured his right wrist and left
shoulder. He experienced severe pain and suffering which still continues to this day.
COUNT
RICKEY L. ZIMMERMAN v.
ROSALIO RUSSO AND VINCENZA MANNINO t/a/d/b/a
TWO BROTHERS PIZZERIA OF CARLISLE
9. The averments of fact contained in paragraphs one (1)through eight (8) are hereby
incorporated by reference and are made a part of this Count.
10. The defendants, Rosalio Russo and Vincenza Mannino, were responsible for providing a
safe exit from the restaurant.
11. The defendants was negligent in that they failed to do the following:
a. To warn customers of an barrier outside of the restaurant.
b. To provide a safe exit from the restaurant.
C. To provide warning of the concrete concrete barrier outside the restaurant.
4
12. The negligence of the defendants, Rosalio Russo and Vincenza Mannion, is the proximate
cause of the injuries sustained by the plaintiff.
WHEREFORE, the Plaintiff, Rickey L. Zimmerman, requests compensation and
punitive damages from the Defendants in the amount in excess of Fifty Thousand and no/100
($50,000.00) Dollars with punitive damages and interest as permitted by law and the costs of this
litigation.
COUNT II
RICKEY L. ZIMMERMAN v.
JEANETTE MORRISON, RICHARD A. COON,
ELIZABETH K. COON, and WILLIAM R. COON
13. The averments of fact contained in paragraphs one (1)through twelve (12) are hereby
incorporated by reference and are made a part of this Count.
14. The defendants, Jeanette Morrison, Richard A. Coon, Elizabeth K. Coon, and William R.
Coon, were responsible for providing a safe exit from the restaurant.
15. The defendants was negligent in that they failed to do the following:
a. To warn customers of an barrier outside of the restaurant.
b. To provide a safe exit from the restaurant.
C. To provide warning of the concrete concrete barrier outside the restaurant.
16. The negligence of the defendants, Jeanette Morrison, Richard A. Coon, Elizabeth K.
Coon, and William R. Coon, is the proximate cause of the injuries sustained by the plaintiff.
5
WHEREFORE, the Plaintiff, Rickey L. Zimmerman, requests compensation and
punitive damages from the Defendants in the amount in excess of Fifty Thousand and no/100
($50,000.00) Dollars with punitive damages and interest as permitted by law and the costs of this
litigation.
Respectfully submitted,
IRWIN& MCKNIGHT C.
By: Marcus . Mc ight, II ,Esquire
60 West Pomfr t Street
Carlisle, Penns vania 13
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiffs
Date: May 7, 2013
6
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and us in the preparation of this action. We have head the statements made in this document and
they are true and correct to the best of our knowledge, information and belief. We 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.
j
Date: May 7, 2013
7
RICKEY L.ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO. 2010- 7082 CIVIL TERM
ROSALIO RUSSO and ,
VINCENZA MANNINO,t/a/d/b/a
TWO BROTHERS PIZZERIA ,
OF CARLISLE, JEANETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON,and
WILLIAM R. COON, CIVIL ACTION-LAW
Defendants ,
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class,postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Rolf E.Kroll,Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill,PA 17011
IRWIN & cKNIG , P.C.
By: M c s A. McKnight, Esquire
60 West Pomfret Street
Car . le, PA 17013
(717) 2 53
Supreme Court .
Date: May 7, 2013
8
i - r
ROLF E.KROLL,ESQUIRE OF THE PROTHONOTARY
Pa.Supreme Court I.D.No.47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill,Pennsylvania 17011
Telephone: [7171975-8114 Direct Dial: (717)760-IM I K P L AND COUNTY Attorneys for Defendants:
Fax: [701975-8124 PENNSYLVANIA RICHARD A.COON
and ELIZABETH K.COON
RICKEY L. ZIMMERMAN, : IN'THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL ACTION-LAW
V.
NO. 2010-7082
ROSALIO RUSSO and
VINCENZA MANNINO,t/d/b/a
TWO BROTHERS PIZZERIA
OF CARLISLE,
JEANNETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON, and
WILLIAM R. COON,
Defendants.
NOTICE TO PLEAD
To: Rickey L. Zimmerman
c/o Marcus A. McKnight, III, Esquire
Irwin& McKnight, P.C.
60 West Pomfret Street
Carlisle,PA 17013-3222
YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER WITH NEW
MATTER OF DEFENDANTS, Richard A. Coon and Elizabeth K. Coon, within twenty(20)
days from service hereof, or a default judgment may be entered i -t you.
Resp lly b itte ,
r'
G
116111-7 Date: By
L LL, ES UIRE
A. A a y LD.N . 47243
Atto ey for Defendants,
RI ARD A. COON and
E ZABETH K. COON
3510 Trindle Road
Camp Hill,PA 17011
(717)975-8114 Direct: (717) 760-7502
Fax: (717) 975-8124
K
ROLF E.KROLL,ESQUIRE
Pa.Supreme Court I.D.No.47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill,Pennsylvania 17011
Telephone: [7171975-8114 Direct Dial: (717)760-7502 Attorneys for Defendants:
Fax: 17171975-8124 RICHARD A.COON
and ELIZABETH K.COON
RICKEY L. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
V.
NO. 2010-7082
ROSALIO RUSSO and
VINCENZA MANNINO, t/d/b/a
TWO BROTHERS PIZZERIA
OF CARLISLE,
JEANNETTE MORRISON,
RICHARD A. COON,
ELIZABETH K. COON, and
WILLIAM R. COON,
Defendants.
ANSWER AND NEW MATTER
OF DEFENDANTS RICHARD A. COON AND ELIZABETH K. COON
TO PLAINTIFF'S COMPLAINT
AND NOW comes Defendant Richard A. Coon and Elizabeth K. Coon("Answering
Defendants"),by and through their counsel, Margolis Edelstein,to answer the Complaint of
Plaintiff, Rickey Zimmerman, and in support thereof avers the following:
1. Denied. After reasonable investigation answering defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments of this
paragraph of plaintiff's complaint and same are therefore denied.
2. Denied. After reasonable investigation answering defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments of this
paragraph of plaintiff's complaint and same are therefore denied.
3. Denied. After reasonable investigation answering defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments of this
paragraph of Plaintiff s Complaint and same are therefore denied.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. The Allegation of this paragraph of Plaintiff s Complaint constitutes a
conclusion of law to which no responsive pleading is required and the same is therefore denied.
By way of further answer, after reasonable investigation answering defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments of this
paragraph of Plaintiff s Complaint and same are therefore denied.
8. Denied. After reasonable investigation answering defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments of this
paragraph of plaintiff's complaint and same are therefore denied.
COUNT I:
RICKY ZIMMERMAN V. ROSALIO RUSSO AND VINCENZA MANNINO T/A/DB/A
TWO BROTHERS PIZZA OF CARLISLE
9. The averments of fact contained in Paragraphs 1 through 8 hereof are incorporated
herein by reference as if set forth in full.
10. Denied. The allegations of this paragraph and its corresponding subparagraph are
addressed to a defendant other than answering defendant and same is therefore denied.
WHEREFORE,Answering Defendants demand judgment in their favor and against
plaintiff with costs of suit assessed to Plaintiff.
COUNT II:
RICKY ZIMMERMAN V.JEANETTE MORRISON,RICHARD COON,ELIZABETH
COON AND WILLIAM COON
13. Paragraphs 1 through 12 hereof are incorporated herein by reference as if set forth
in full.
14. Denied. The allegations of this paragraph of Plaintiff s Complaint constitute
conclusions of law to which no responsive pleading is required and same is therefore denied.
15. Denied.
15(a)-(c). Denied. The allegations of this paragraph and its corresponding
subparagraphs set forth conclusions of law to which no responsive pleading is required and same
is therefore denied.
16. Denied. The allegations of this paragraph of plaintiff s complaint constitute
conclusions of law to which no responsive pleading is required and same is therefore denied.
WHEREFORE, answering defendants demand judgment in their favor and against
Plaintiffs with costs of suit assessed to Plaintiffs.
NEW MATTER
17. Paragraphs 1 through 16 hereof are incorporated herein by reference as if set forth
in full.
18. Plaintiff has failed to establish a dangerous and/or defective condition and/or that
Answering Defendants knew, had notice of, or should have known or had notice of any said
condition.
19. Plaintiff s claims, if any, are barred by his failure to plead a dangerous condition.
20. Plaintiff s claims, if any, are barred by the applicable statute of limitations.
21. Plaintiff's claims, if any, are barred by the doctrines of contributory and
comparative negligence and assumption of the risk.
22. Plaintiff has failed to state a claim upon which relief can be granted.
23. Plaintiff s claims, if any, are barred by his failure to mitigate his damages.
24. Plaintiff s injuries and/or damages, if any, were proximately and directly caused
by the negligent, careless and/or reckless conduct of persons and/or entities over whom
Answering Defendants had no control and for whom Answering Defendants are not legally or
otherwise responsible.
25. Plaintiff's claims, if any, are barred and/or limited by any pre-existing medical
condition or condition suffered by Plaintiff.
26. At all times relevant hereto, Answering Defendants acted with due care and
caution under the circumstances then existing.
27. Answering Defendants neither owed nor breached any duty to Plaintiff,whether in
contract or tort, and never failed to adhere to any standards,obligations and/or responsibilities.
28. At all times relevant hereto,the subject area where Plaintiff allegedly fell, was
properly designed, constructed and/or maintained in accordance with all relevant standards and
statutory and code provisions,and did not pose a danger in anyway to Plaintiff, or any other
persons.
29. At all times relevant hereto, all reasonable and necessary safety precautions were
taken in the area where Plaintiff allegedly fell.
Respectfully itted,
MARCO
Date: By:
RO QUIRE
P Att D. 0. 47243
Attorne r efendants,
RIC A. COON and
ELIZ ETH K. COON
3510 Trindle Road
Camp Hill,PA 17011
(717) 975-8114 Direct: (717) 760-7502
Fax: (717) 975-8124
F
VERIFICATION
I, Elizabeth K. Coon, state that I have read the foregoing Answer with New Matter, and
that the facts stated therein are true and correct to the best of my knowledge, information and
belief
I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
ril a J J 31
ElizalVth K. Coon
Zimmerman v.Coon
I
VERIFICATION
I, Richard A. Coon, state that I have read the foregoing Answer with New Matter,and
that the facts stated therein are true and correct to the best of my knowledge, information and
belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A.
§ 4904,relating to unsworn falsification to authorities.
31 J�
Ric and A. Coon
Zimmerman v.Coon
i
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all
interested parties by placing the s e in the United States mail at Camp Hill, Pennsylvania, first-
class postage prepaid, on the � day of , 2013, and addressed as
follows:
Marcus A. McKnight, III, Esquire
Irwin&McKnight, P.C.
60 West Pomfret Street
Carlisle, PA 17013-3222
Rosalio Russo and Vincenza Mannino t/d/b/a
Two Brothers Pizzeria of Carlisle
1917 Spring Road
Carlisle, PA 17013
Ms. Jeanette Morrison
82 Ridge Avenue
Carlisle, PA 17013
Mr. William R. Coon
1940 Reservoir Drive
Carlisle, PA 17013
MAR OLIS E ELSTEIN
y:
RICKEY L. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2010 - 7082 CIVIL TERM
ROSALIO RUSSO and c
VINCENZA MANNING, t/a/d/b/a-0_ --_r
TWO BROTHERS PIZZERIA '`''` �'
OF CARLISLE, JEANETTE MORRISON, : c-� r17:7,
RICHARD A. COON, -tet > r
ELIZABETH K. COON, and < cr _�,
WILLIAM R. COON, CIVIL ACTION - LAW D CD --r
Defendants c : N.) m_ rr._
_r
PRAECIPE TO SETTLE AND DISCONTINUE
To the Prothonotary:
Please mark the above -captioned case settled and discontinued.
By:
Date: December 5, 2014
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
arcus . McKnight, I
60 West Pomfret Street
Carlisle, Pennsylvania 17013
249-2353
Esquire
RICKEY L. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2010 - 7082 CIVIL TERM
ROSALIO RUSSO and
VINCENZA MANNINO, t/a/d/b/a
TWO BROTHERS PIZZERIA
OF CARLISLE, JEANETTE MORRISON, :
RICHARD A. COON,
ELIZABETH K. COON, and
WILLIAM R. COON, CIVIL ACTION - LAW
Defendants
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
Rolf E. Kroll, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
IRWIN & McKNIGHT. P.C.
By: Marcus A. McKnight, III, uire
60 West Pomfret Street
‹lisle, PA 17013
(717' 9-2353
Supreme Co TD -No 2 476
Date: December 5, 2014