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10-7995
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Timothy P. Harpster 1071-7 Lancaster Blvd. Mechanicsburg, PA 17055 Case No. ~ Civif Term vs. Civif Action _ Law Defendant(s) & Address(es) c,"`, Lady Remlyn, Inc. ~~ 240 E Lauer Lane ..~ ~ ~.~ Camp Hill, PA 17011 s~t.,.g ~ ~-- & LP Jewelry ~ ~-- y""7 w .-~ ~ti `_~~~ ~ 4401 Carlisle Pike, Suite C =~~° o -" -~~ Camp Hill, PA 17011 ^~~: -~ ~~-~; PRAECIPE FOR WRIT OF SUMMONS '~~ ~ -~; "' .°'~ e TO THE PROTHONOTARYJCLERK OF SAID COURT: Issue summons in the above case ~ _~ .. Writ of Summons shall be issued and forwarded to A t l s it Date : ~ ~ ~d ' LCD C O ignatu - orney Print Na : ~?nhn F ; L~zj..o n.5 . sa__~ . 1 1 2 Walnut Street Harrisburg f PA 1 71 ~1 Telephone #: 71 7 _ ~ 3f3=9:7 7 a Supreme Court ID Number: 2 3 8 5 9 • • • ~ • WRIT OF SUMMONS TO: Lady Remlyn, Inc. and LP Jewelry YOU ARE NO'I:[FIED THP,T THE ABOVE-NAMED PLAINTIFF(S) HAS,~IIAVE COMMENCED AN ACTION AzTAIP~is'T YOLi. ~. _ ~ Prot notary/Cler , lull Di isio Deputy ~~/. Aga 0° ~~ ~ ~~ ~f~ ~~~1~ ~~ ry~ns SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy LOA"tr ci v u+nbrPfr??0 FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 24 PM 2: 41 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Timothy P. Harpster vs. Lady Remlyn, Inc. (et al.) Case Number 2010-7995 SHERIFF'S RETURN OF SERVICE 01/05/2011 12:10 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1210 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: LP Jewelry, by making known unto Le Phuong, Owner/ Operator for LP Jewelry at 4401 Carlisle Pike, Suite C, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. G RALD WORTHIN N, DEPUTY 01/19/2011 06:43 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2011 at 1843 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Lady Remlyn, Inc., by making known unto Claire Rempel, Property Manager at 240 E. Lauer Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $71.44 January 20, 2011 RYAN BURGETT, DE SO ANSWERS, 4" RON R ANDERSON, SHERIFF ?i - OLIMYSUlteSheeft.Ieleosott hoc. t«:;Q NOhlOTA? r Law Offices of James L. BarloifgI2 FEB 21 Ri 2: 32 Attorney for Defendant, By: Jason P. McNicholl, Esquire LP Jewelry Attorney I.D. No.: 89062 CUMBERLAND COUNTY 900 E. 8th Avenue, Suite 301 PENNSYLVANIA King of Prussia PA 19406 (610) 382-8100 TIMOTHY P. HARPSTER Plaintiff, V. LADY REMLYN, INC. AND LP JEWELRY Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7995 ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter my appearance on behalf of defendant, LP Jewelry, in the above-captioned matter. LAW OMCES OF JAMES L. BARLOW JASON V NICHOLL, ESQUIRE Attorne Defendant, LP Jewelrv CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Entry of Appearance was served by first class mail, this t -: ?y of February, 2012 upon the following counsel of record: John F. Lyons, Esquire 112 Walnut Street Harrisburg PA 17101 ATTORNEY FOR PLAINTIFF, TIMOTHY P. HARPSTER and by first class mail on the following unrepresented party: Lady Remlyn, Inc., Unrepresented 240 E. Lauer Lane Camp Hill PA 17011 JASON P. I.nULL, F-3VU11VE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA - CIVIL ACTION - LAW TIMOTHY P. HARPSTER Plaintiff, V. LADY REMLYN, INC. AND LP JEWELRY Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTYC r rn ? z rn rn rn M -s. rte; ,c .= : A N ) -? -- i rv .,_ ww .r' NO. 10-7995 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY Please enter a rule upon plaintiff to file a complaint withip-twenty (20) days hereof or suffer the entry of a judgment of non pros. Date: MC ICHOLL, ESQUIRE Attorney or efendant, LP Jewe 900 E. 8 h venue, Suite 301 King of ssia PA 19406 (610) 382-8113 RULE TO FILE COMPLAINT AND NOW, thiso9 l day of Fe ? , 2012, a rule is herby granted upon plaintiff to file a complaint herein within twenty (20) days after service hereof or suffer the entry of a judgment of non pros. Prothonotary ?By- Deputy f r ? CERTIFICATE OF SERVICE I hereby certify as follows: I have served upon counsel for plaintiff a copy of the foregoing Praecipe to File Complaint by placing the same in the United States Mail, First Class postage prepaid, on the date stated below, addressed as follows: John F. Lyons, Esquire 112 Walnut Street Harrisburg PA 17101 ATTORNEY FOR PLAINTIFF TIMOTHY P. HARPSTER Lady Remlyn, Inc., Unrepresented 240 E. Lauer Lane Camp Hill PA 17011 and on all other counsel of record and unrepresented parties on the attached list by United States Mail, First Class postage prepaid. Dated: February, 2012 * (a -? 9`15 CERTIFICATE OF SERVICE I hereby certify as follows: I have served upon counsel for plaintiff a copy of the foregoing TIME-STAMPED RULE TO FILE COMPLAINT by placing the same in the United States Mail, First Class postage prepaid, on the date stated below, addressed as follows: John F. Lyons, Esquire 112 Walnut Street Harrisburg PA 17101, ATTORNEY FOR PLAINTIFF, TIMOTHY P. HARPSTER `a4 can ? : Lady Remlyn, Inc., Unrepresented C r 240 E. Lauer Lane ?, Camp Hill PA 17011 ._$ cam- _.<: cis and on all other counsel of record and unrepresented parties on the attached list by United States Mail, First Class postage prepaid. Dated: February, 2012 JASON P. MCT$ICHOLL, ESQUIRE c-a x- o r. e rte, IN THE COURT OF COMMON PLEAS OF CUMBERLAND C UN PENNSYLVANIA - CIVIL ACTION - LAW TIMOTHY P. HARPSTER COURT OF COMN ON ri t; CUMBERLAND COUN?r' Plaintiff, "-0 V. ?„ tn? 11) r s t`.J LADY REMLYN, INC. AND LP JEWELRY Defendants. . NO. 10-7995 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY Please enter a rule upon plaintiff to file a complaint suffer the entry of a judgment of non pros. Date: ty (20) days hereof or ESQUIRE Attorney tr, r Di LP Jewe 9 00 E. 8jAvenue, Suite 301 King of ssia PA 19406 (610) 382-8113 RULE TO FILE COMPLAINT AND NOW, this oil day of /-2' , 2012, a rule is herby granted upon plaintiff to file a complaint herein within twenty (20) days after service hereof or suffer the entry of a judgment of non pros. n Prothonotary TRUE COPY PROM.RECO M RD Testinaorty whe y l hers unto set my hand End the seal of said Carlisle, Pe. Deputy Tug Lday a C , ?? ' v U, ?ry CERTIFICATE OF SERVICE I hereby certify as follows: I have served upon counsel for plaintiff a copy of the foregoing Praecipe to File Complaint by placing the same in the United States Mail, First Class postage prepaid, on the date stated below, addressed as follows: John F. Lyons, Esquire 112 Walnut Street Harrisburg PA 17101 ATTORNEY FOR PLAINTIFF TIMOTHY I'. HARPSTER Lady Remlyn, Inc., Unrepresented 240 E. Lauer Lane Camp Hill PA 17011 and on all other counsel of record and unrepresented parties on the attached list by United States Mail, First Class postage prepaid. Dated: February I (?? , 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY P. HARPSTER, Plaintiff V. LADY REMLYN, INC. and LP JEWELRY, Defendants CASE NUMBER: 10-7995 r•,. m? ISSUE NUMBER: f°1 1?z. cn v PLEADING: <?? PRAECIPE FOR APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: LADY REMLYN, INC., Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WFRNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY P. HARPSTER, Plaintiff V. LADY REMLYN, INC. and LP JEWELRY, Defendants CIVIL DIVISION CASE NO: 10-7995 PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of the Defendant, LADY REMLYN, INC., in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTF Counsel for the Defen A JURY TRIAL IS DEMANDED LADY REMLYN, IN CERTIFICATE OF SERVICE That counsel for the Defendant, LADY REMLYN, INC., hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of /? 2012. John Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 (Counsel for Plaintiff} Jason P. McNicholl, Esquire Law Offices of James L. Barlow 900 E. 8th Avenue, Suite 301 King of Prussia, PA 19406 (Counsel for Defendant, LP Jewelry) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ( (6VRX1 " ADAM L. S Counsel for the Defends LADY REMLYN, INC. k 4092 P. 3/3 Law Office of Jame L. Barlow p ; °, 2 ? 11, 13 2'- 3 kttorney for Defendant, By: Jason P. McNicholl, Esquire `u iL, Jewelry Attorney Y.D. No.: 89062 =4 ;lc-- F;i..?1i U COUI 900 E. 8th Avenue, Suite 301 Ding of Prussia PA 19406 (610) 382-8100 TIMOTHY P. HARPSTER Plaintiff, V. LAD'Y' REMLYN, INC. AND LP JEWELRY Defendant. COURT OF COMMON PLEAS CUMBERLAND COL-NTY NO. 10-7995 STIPULATION TO DISCONTINUE ACTION AS TO LESS THAN ALL DEFENDANTS PURSUANT TO Pa.R.C.P. 229(6)(1) IT IS HEREBY STIPULATED by and amongst counsel for all parties that the above- captioned matter is discontinued, with prejudice, as to Defendant, LP Jewelry, only. The within Stipulation may be executed in counterparts. By: By: Jewelry ESQUIRE 0 9. SUIA aA? ) 47 By: JOHN F. LYONS, ESQUIRE JASON P. Attornev for Plaintiff. Timothv I4arnster AttnrnP?v f T An r n. Lava Offices of James L. Barlow By: Jason P. McNicholl, Esquire Attorney Y.D. No.: 89062 900 E. 8th Avenue, Suite 301 Ding of Prussia PA 19406 (610) 382-8100 Attorney for ]Defendant;, LP Jewelry TaIOTHY P. HARPSTER. o COURT OF COMMON PLEAS CUMBERLAND COL-NTY Plaintiff, vd . LAD''i'' REML'Y1N, INC. AND LP JEWELRY , Defendant. s NO. 10-7995 STIPULATION TO DISCONTUNUE ACTION AS TO LESS THAN ALL DEFENDANTS PURSUANT TO Pa.R.C.P. 229(b)(1) IT IS HEREBY STIPULATED by and amongst counsel for all parties that the above- captioned, matter is discontinues, with preiucl±ce, as to Defendant, LP 7ewelzy, only'. exec sit Ili co anlerpa ts. By- By: .iASuiv r. MCNICHOLL, l QU-1RE Attorney for LP Jewelry Attdrnev for ylaintiff. Titfiothv I4amster IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY P. HARPSTER, ) Plaintiff ) V. ) ) LADY REMLYN, INC., ) Defendant ) CASE NO: 10-7995 A JURY TRIAL IS DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Please issue a Rule upon the Plaintiff, Timothy P. Harpster, directing him to file a Complaint within twenty (20) days of the service of the Rule or suffer the entry of a judgment of non pros. CIPRIANI & WERNER, P.C. Date: 6-- Ll --9,01 ? -- BY: ADAM L. SEIFERTIr, E5 l Attorney ID# 89073 1011 Mumma Road, Suit 20 Lemoyne, PA 17043 (717) 975-9600 Counsel for the Defendant, LADY REMLYN, INC. RULE TO THE PLAINTIFF: AND NOW, this S day of 2012, you are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Prothonotary BLY Deputy CERTIFICATE OF SERVICE That counsel for the Defendant, LADY REMLYN, INC., hereby certifies that a true and correct copy of its PRAECIPE FOR RULE TO FILE COMPLAINT has been served on all counsel of record, by first cl ss mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of rU&l C , 2012. John Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 (Counsel for Plaintifj) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFEIRTH, VS Counsel for the Defendant, LADY REMLYN, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY P. HARPSTER, CASE NUMBER: 10-7995 Plaintiff ISSUE NUMBER: cry} P V. " PLEADING: = C' LADY REMLYN, INC., PRAECIPE TO FILE CERTIFICATE OF Defendant SERVICE CODE AND CLASSIFICATION: FILED ON BEHALF OF: LADY REMLYN, INC., Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY P. HARPSTER, Plaintiff V. LADY REMLYN, INC., Defendant CASE NO: 10-7995 PRAECIPE TO FILE CERTIFICATE OF SERVICE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please file the attached Certificate of Service evidencing that the Rule to File Complaint issued on June 5, 2012, has been served upon Counsel for Plaintiff on the date indicated therein. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: Date: ADAM L. SEIFERTH,'ES Counsel for the Defendant, LADY REMLYN, INC. CERTIFICATE OF SERVICE I hereby certify that I have served the Rule to File Complaint issued on June 5, 2012, upon Counsel for Plaintiff on the 6`h day of June, 2012, via certified mail at the following address: John Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, ES Counsel for the Defendant, A JURY TRIAL IS DEMANDED LADY REMLYN, INC. CERTIFICATE OF SERVICE That counsel for the Defendant, LADY REMLYN, INC., hereby certifies that a true and correct copy of its PRAECIPE TO FILE CERTIFICATE OF SERVICE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the 6th day of June, 2012. John Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 (Counsel for Plaintifj) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, ' Counsel for the Defenda LADY REMLYN, INC. John F. Lyons. Esquire f :?-i. i F 112 Walnut Street Harrisburg, PA 17101-1609 Phone: (717) 238-4777 f,, Fax: (717) 238-4793 1A. Timothy P. Harpster In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 10-7995 Lady Remlyn, Inc. Jury Trial - Demanded Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the. following papers, 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 34 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 _ Date: L" C "90.11 John Lyons, Es?B---l Attor y for Plaintiff 112 alnut Street Harr' burg PA 17101-1609 (717) 238-4777 - Office (717) 238-4793 - Fax Pa. I.D. No. 23859 JOHN F. LYONS, ESQUIRE 112 Walnut Street Harrisburg, PA 17101-1609 (717) 238-4777 - Office (717) 238-4793 - Fax Timothy P. Harpster Plaintiff V. Lady Remlyn, Inc. Defendant COMPLAINT In the Court of Common Pleas of Cumberland County, Pennsylvania No. 10-7995 Jury Trial - Demanded COMES NOW, Timothy P. Harpster, Plaintiff, by and through his attorney, John F. Lyons, Esquire, and respectfully represents and avers as follows: 1. Plaintiff is Timothy P. Harpster (hereinafter referred to as "Plaintiff'), an adult individual, currently residing at 1071-7 Lancaster Blvd., Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Lady Remlyn, Inc. (hereinafter referred to as "Defendant"), a Pennsylvania Business Corporation, with its last known business address at 240 East Lauer Lane, Camp Hill, Cumberland County, Pennsylvania. 3. At all times relevant hereto, Defendant was the owner in fee of certain real estate located in Hampden Township, Cumberland County, Pennsylvania commonly known and numbered as St. John's Place, 4401 Carlisle Pike, Camp Hill, Pennsylvania 17011 (the "Real Property") 1 4. Defendant owned and operated Strip Mall (hereinafter "Strip Mall") on the Real Property wherein it leased portions of the Real Property or "Suites" to various retailers who conducted retail business operations open to business invitees and the public. 5. At all times relevant thereto, Defendant maintained exclusive management, possession and control of the parking areas, sidewalk, walkways ("Common Areas") which were provided for the use and benefit of its Tenants and their business visitors and customers and was responsible for the upkeep and removal of snow and ice from the Common Areas. 6. On or about January 7, 2009, Plaintiff was a business visitor to the Strip Mall for the purpose of visiting one of Defendant's Tenants. 7. During the night of January 6, 2009, and through the early morning hours of January 7, 2009, freezing rain, ice and sleet fell upon the Defendant's premises. 8. At the time Plaintiff arrived at the Strip Mall, Plaintiff observed that the parking areas appeared to have been plowed and the walkways and sidewalks had been cleared but there were still areas of water and patches of ice on the parking lot, and sidewalk surfaces. 9. At the time Plaintiff arrived at Defendant's Strip Mall, the temperature remained around freezing, there had been rain and freezing rain which fell in the early morning hours followed by mostly clearing with sun and clouds by late morning. 10. Plaintiff parked in a marked spot in front of what he would learn was designated as Suite C of Defendant's Strip Mall, approximately 7-8 spaces from the eastern end of the line of parking spaces directly in front of the suites or retail units facing Carlisle Pike. 11. The parking space to the immediate left of Plaintiff's vehicle was vacant when he 2 parked and exited his vehicle. 12. Plaintiff exited his vehicle and walked across the parking lot in an Easterly direction towards the business establishment in which he intended to conduct his business. 13. Plaintiff entered the business establishment, obtained his order and left the business establishment to return to his vehicle. 14. While Plaintiff was in the restaurant, the parking lot filled with other vehicles. 15. The spaces to the left of his vehicle were no longer vacant and the vehicle bumpers were overhanging the curbing. 16. Plaintiff returned to his vehicle using the sidewalk rather than traversing back along his prior route. 17. As Plaintiff reached his vehicle he observed some accumulated water on the walkway but observed no obvious accumulation of ice or other obstacle or dangerous condition. 18. Plaintiff proceeded to the right side of his vehicle to put his packages on the front passenger floor. 19. As Plaintiff stepped towards his vehicle, his foot slipped on "black ice" which had formed under the accumulating water and/or on the curbing and could not be observed by Plaintiff. 20. As a result of his foot slipping, Plaintiff lost his balance, his right leg flew out from under him, he twisted violently, and fell, striking the concrete curbing, sidewalk and macadam parking surface, forcibly and violently 3 21. As Plaintiff fell, he put out his right hand to try to catch his fall which impacted violently and forcefully with the curb or parking surface causing a severe strain and tearing of his right triceps muscle with resultant pain, swelling, bruising and limitation of motion to his arm and elbow. 22. Plaintiff also struck his right knee on the parking lot surface causing lacerations, bruising, abrasions, strain, and pain to his right knee. 23. Plaintiff also strained his right hamstring muscle as a result of his fall causing him much pain and discomfort. 24. The impact of his fall stunned Plaintiff and he required a few minutes to recover his senses. 25. People passed by Plaintiff as he lay upon the parking lot surface, stunned and injured, but none offered to help him. 26. As Plaintiff tried to recover his senses, he felt severe pain, soreness, in his arm, elbow, right knee, head and neck. He also noticed his clothing was damp and wet and his pants were torn and bloody at the right knee. 27. Plaintiff ultimately collected himself and returned to the restaurant. 28. Upon entering, he was observed by the owner of the restaurant who asked him what had happened. 29. Plaintiff told the restaurant owner of the wet and icy conditions existing on the sidewalk, curb and parking area and explained he had slipped and fallen. 4 30. The owner of the restaurant accompanied Plaintiff to the area of his fall and observed the icy and wet conditions. 31. The restaurant owner spread ice melt upon the sidewalk and curbing and placed warning cones around the area. 32. At all times relevant hereto Defendant had a duty to use reasonable care for the protection of members of the public, including Plaintiff, from unreasonable risk of harm including the duties to inspect, repair and warn of dangerous conditions on the premises. 33. Plaintiff left the premises but immediately began experiencing severe pain and weakness in his right arm, pain in his right knee and hamstring and pain in his head and neck. 34. The fall and Plaintiff's injuries were caused by Defendant's negligence, carelessness and recklessness or that of its agent, employees, contractors, or servants, in that: (a) Defendant, its employees, agents, or servants or contractors, knew or should have known that its Tenants' business establishments were open to the public that day and should have known or informed themselves of the possible dangers of "black ice" accumulating given the prevailing weather conditions existing that day and failing to take reasonable actions including plowing, shoveling, spreading ice melt and periodically inspecting the premises to ensure that no dangerous conditions were present or were created upon those areas of the premises that it was responsible to maintain as safe and keep clear of snow and ice; (b) Defendant, its agents, servants and employees, contractors, caused and created a hazardous condition by clearing the accumulated snow, sleet 5 freezing rain and ice from the parking lot, sidewalk and curb and allowing the melting snow, sleet, freezing rain and ice to accumulate and to refreeze "black ice" on the curb and under the accumulated water on the sidewalk; (c) Failing to periodically inspect the premises or having the premises inspected periodically throughout the day under the weather conditions prevailing to ensure and determine that icy, slippery and dangerous conditions were not occurring after the initial clearing of accumulated ice, snow and freezing rain and that such accumulations were not melting and re-freezing or that any water accumulating on the public areas was not freezing or refreezing; (d) Failing to periodically inspect or having the premises periodically inspected under the circumstances where freezing rain, sleet and ice fall continued intermittently after the initial plowing, clearing or spreading of ice melt to determine that wet, icy, slippery conditions were not being created and recreated by the accumulation of water from the plowing, shoveling or spreading of ice melt and the resulting water accumulating or rainfall accumulating and freezing or re-freezing as "black ice" (e) Failing to use sufficient ice melt and/or to periodically spread additional ice melt or cause sufficient ice melt to be spread periodically to ensure that no "black ice" would form and that the Common Areas would remain reasonably safe for use by members of the public such as Plaintiff; (f) Permitting a dangerous condition to exist on the sidewalk in the form of an uneven depression at its juncture with the curb which caused melted ice, 6 freezing rain and rain to accumulate on the sidewalk and flow over the curb which resulted in "black ice" forming on the sidewalk and curb; (g) Failing to inspect, or have the premises inspected periodically after the initial plowing and shoveling during the day to determine whether the melting sleet, ice and/or snow were accumulating or creating a dangerous condition on the sidewalk, walkways, curb and parking lot when there were freezing temperatures with intermittent sleet, freezing rain and rain during the early morning hours with intermittent periods of clearing and sun causing the precipitation to melt and refreeze; (h) Failing to adequately warn Plaintiff of the water accumulating on the sidewalk and curbing, of the danger of ice accumulating under the water pooling on the sidewalk and curbing, and the possibility of "black ice" accumulating on the sidewalk and curb under the weather conditions prevailing during the day of the accident; (i) Failing to erect barricades, cones, or take other safety precautions to prevent injury to plaintiff and other business visitors; and (j) Violating the ordinances of Hampden Township pertaining to the maintenance of retail shopping facilities. 35. As a direct factual result of Defendant's negligence, carelessness and recklessness, Plaintiff sustained injuries, as follows: (a) High grade, partial thickness tear of the right triceps; 7 (b) Tenderness and swelling posterior to the right elbow; (c) Swelling, edema, bruising and discoloration to the area of his right triceps and elbow; (d) Stiffness, weakness, restriction to range of motion of his right elbow and arm; (e) Lacerations, bruising, swelling to his right knee; (fl Sprain and strain to his right hamstring muscle; and (g) Neck pain. 36. As a direct factual result of Defendant's negligence, carelessness and recklessness, Plaintiff has been obliged to seek medical treatment of his injuries including medical examinations, diagnostic testing and imaging and physical therapy and expended monies in the amount of $2,558.00 for the treatment provided to him for his injuries. 37. As a direct result of Defendant's negligence, carelessness, and recklessness, Plaintiff suffered loss of earnings for the time he was unable to attend to his usual and daily duties of employment in the amount of $694.81 to his financial detriment and loss. 38. As a direct factual result of Defendant's negligence, carelessness, and recklessness the Plaintiff has suffered, and will continue to suffer great pain and suffering, limitation, embarrassment and loss of life's pleasures and enjoyment. 8 WHEREFORE, Plaintiff claims damages from Defendant, Lady Remlyn, Inc., in an amount in excess of $50,000 which amount is in excess of the amount requiring matters to be submitted to compulsory arbitration in this jurisdiction pursuant to Cumberland County Rule of Civil Procedure 1301.1 plus interest and costs of suit. Submitted, DateG?' ?, Zo i L John IF- Mons, Atty for TimVn . Harpster, intiff 112 ut Street Hard PA 17101-1609 (717) 238-4777 - Office (717) 238-4793 - Fax Pa. I. D. No. 23859 9 VERIFICATION I, Timothy P. Harpster, verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:- r P %, -LOiZ Timothy P. Harpster CERTIFICATE OF SERVICE I hereby certify that I have this 8th day of June, 2012 served a true a correct copy upon the persons and in the manner listed below: Adam L. Seifert, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Attorney for Defendant, Lady Remlyn, Inc. Jo F. Lyons Att rney for P amtiff, Timothy P. Harpster IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIJ CIVIL DIVISION " a n c Y ? TIMOTHY P. HARPSTER, Plaintiff V. LADY REMLYN, INC., Defendant TO: PLAINTIFF, TIMOTHY P. HARPSTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. _ A ADAM L. SEIFERTH, CASE NUMBER: 10-7995 ISSUE NUMBER: PLEADING: ANSWER WITH NEW MATTER CODE AND CLASSIFICATION: FILED ON BEHALF OF: v? . t. LADY REMLYN, INC., Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 ?o r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY P. HARPSTER, Plaintiff V. LADY REMLYN, INC., Defendant CASE NO: 10-7995 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Lady Remlyn, Inc. (hereinafter referred to "Defendant"), by and through its counsel, Cipriani & Werner, P.C., and files this Answer w New Matter to Plaintiff's Complaint, as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in mraaran? of Plaintiffs' Amended Complaint and the same are therefore denied. 2. Admitted with clarification. Defendant's business address is Post Office 1123, Camp Hill, Pennsylvania 17001. 3. Admitted. 4. Admitted. th 1 5. Admitted in part and denied in part. Defendant admits that it possessed a .1d controlled the "Common Areas" of the "Real Property" it owned at all times relevant to Plaintiff's Complaint. However, the remaining allegations contained in paragraph 5 of Plaintiffs Complaint are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. Defendant is advised by counsel and, therefore, avers that the allegations contained in paragraph 6 of Plaintiff's Complaint state conclusions of law to which no answerI is required. To the extent that a further answer is required, the averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. The averments contained in paragraph 7 of Plaintiff's Complaint denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph 8 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments contained in paragraph 9 of Plaintiff's Complaint denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph 110 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph 111 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 112 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, the averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph 113 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ? 4 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). 15. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph 115 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ? 6 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ? 7 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph j18 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). 19. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 119 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 19 are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph of Plaintiffs Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 20 are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. After reasonable investigation, Defendant is without knowledge or or information sufficient to form a belief as to the truth of the averments contained in paragraph 121 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). 22. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph of Plaintiffs Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 22 are denied pursuant to Pa.R.C.P. 1029(e). 23. Denied. After reasonable investigation, Defendant is without knowledge or or information sufficient to form a belief as to the truth of the averments contained in paragraph of Plaintiff's Complaint and the same are therefore denied. By way of further answer, the averments contained in paragraph 23 are denied pursuant to Pa.R.C.P. 1029(e). 24. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 24 are denied pursuant to Pa.R.C.P. 1029(e). 25. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph t5 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 25 are denied pursuant to Pa.R.C.P. 1029(e). 26. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 26 are denied pursuant to Pa.R.C.P. 1029(e). 27. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ?,7 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 27 are denied pursuant to Pa.R.C.P. 1029(e). 28. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ?8 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 28 are denied pursuant to Pa.R.C.P. 1029(e). 29. Denied. After reasonable investigation, Defendant is without knowledge ''or information sufficient to form a belief as to the truth of the averments contained in paragraph 129 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 29 are denied pursuant to Pa.R.C.P. 1029(e). 30. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 30 are denied pursuant to Pa.R.C.P. 1029(e). 31. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ? I of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 31 are denied pursuant to Pa.R.C.P. 1029(e). 32. Denied. Defendant is advised by counsel and therefore avers that the contained in paragraph 32 of Plaintiff's Complaint state conclusions of law to which no is required. To the extent that a further answer is required, the averments contained in 32 are denied pursuant to Pa.R.C.P. 1029(e). 33. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averments contained in paragraph ?3 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, averments contained in paragraph 33 are denied pursuant to Pa.R.C.P. 1029(e). 34. Denied. Defendant is advised by counsel and therefore avers that the contained in paragraph 34, including subparagraphs (a) through 0), state conclusions of law which no answer is required. To the extent a further answer is required, the averments in paragraph 34, including subparagraphs (a) through 0), are denied pursuant to Pa.R.C.;P. 1029(e). 35. Denied. Defendant is advised by counsel and therefore avers that the all contained in paragraph 35, including subparagraphs (a) through (g), state conclusions of law which no answer is required. To the extent a further answer is required, the averments in paragraph 35, including subparagraphs (a) through (g), are denied pursuant to Pa.R.C.IP. 1029(e). By way of further answer, after reasonable investigation, Defendant is knowledge or information sufficient to form a belief as to the truth of the averments the nature and extent of Plaintiff's alleged injuries, and the same is, therefore, denied. 36. Denied. Defendant is advised by counsel and therefore avers that the all contained in paragraph 36 of Plaintiff's Complaint state conclusions of law to which no is required. To the extent that a further answer is required, the averments contained in 36 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to truth of the averments concerning the nature and extent of Plaintiffs alleged injuries damages, and the same is, therefore, denied. 37. Denied. Defendant is advised by counsel and therefore avers that the contained in paragraph 37 of Plaintiff's Complaint state conclusions of law to which no is required. To the extent that a further answer is required, the averments contained in 37 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to truth of the averments concerning the nature and extent of Plaintiff's alleged injuries damages, and the same is, therefore, denied. 38. Denied. Defendant is advised by counsel and therefore avers that the allegations contained in paragraph 38 of Plaintiff's Complaint state conclusions of law to which no is required. To the extent that a further answer is required, the averments contained in 38 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to truth of the averments concerning the nature and extent of Plaintiff's alleged injuries damages, and the same is, therefore, denied. WHEREFORE, Defendant, Lady Remlyn, Inc., demands that judgment be entered in favor and against the Plaintiff, Timothy P. Harpster, without costs. NEW MATTER 39. Defendant incorporates its answers to paragraphs 1 through 38 of Complaint herein as though fully set forth at length. its 's 40. It is believed and, therefore, averred that the "Common Areas" of Defendant's "Premises" was maintained in a reasonably safe condition and was reasonably free of any accumulation of ice. 41. If an alleged icy condition existed on the premises, it was open and obvious Plaintiff and should have been avoided by Plaintiff. 47. Defendant did not have actual or constructive notice of the presence of the al icy condition of which Plaintiff claims caused his alleged injuries and damages. 48. Plaintiff's claim are reduced or barred by the Comparative Negligence A?t. Plaintiff's contributory negligence consisted of, but is not limited to, the following: a. . Failing to keep a proper lookout; b. Failing to watch where he was going; C. Failing to avoid an obvious icy condition; d. Failing to use due care for his own safety; and, d. Failing to take an alternative path that was safe under the facts and circumstances. 49. Plaintiff's claims may be barred by the doctrine of hills and ridges, in generally slippery conditions existed in the community at all times relevant. 50. Plaintiff's claims may be barred by the doctrine of choice of ways in that knew, or should have known, the existence of a safe pathway. 51. Plaintiff's claims may be barred, in whole or in part, by the applicable statute 4 limitations. 52. Plaintiff's alleged injuries and damages, if any, are specifically denied, may been pre-existing, either in whole or in part, and not causally related to the accident given rise the present litigation. WHEREFORE, Defendant, Lady Remlyn, Inc., demands that judgment be entered in favor and against the Plaintiff, Timothy P. Harpster, without costs. BY: Date: R 3,01 Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, ES Attorney ID# 89073 1011 Mumma Road, Suitef Lemoyne, PA 17043 ` (717) 975-9600 aseiferth@c-wlaw.com Counsel for the Defendant, LADY REMLYN, INC. VERIFICATION I hereby affirm that the following facts are correct: Lady Remlyn, Inc. is a Defendant in the foregoing action and I am authorized to this Verification on its behalf. The attached Answer with New Matter is based upon which I have furnished to my counsel and information which has been gathered by my counsel preparation for this lawsuit. The language of the Answer with New Matter is that of counsel not of me. I have read the Answer with New Matter and to the extent that it is based np, information which I have given to my counsel, it is true and correct to the best of my knowledl information and belief. To the extent that the content of the Answer with New Matter is that counsel, I have relied upon counsel in making this verification. I hereby acknowledge that t facts set forth in the aforesaid Answer with New Matter is made subject to the penalties of Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: 6! u Authorized Representative Lady Remlyn, Inc. Ig CERTIFICATE OF SERVICE That counsel for the Defendant, LADY REMLYN, INC., hereby certifies that a true correct copy of its ANSWER WITH NEW MATTER has been served on all counsel of recc by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, the gnay of j Ut-Y 92012. John F. Lyons, Esquire 112 Walnut Street Harrisburg, PA 17101 (Counsel for Plaintiff Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIVERTH, Counsel for the Defenda LADY REMLYN, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY P. HARPSTER, Plaintiff V. CASE NO. 10-7995 :: LADY REMLYN, INC., AND „ © LP JEWELRY, Defendant PRAECIPE TO DISCONTINUE " TO THE PROTHONOTARY OFCUMBERLAND COUNTY: Please mark the above captioned action ended, settled and discontinued. Respectfully Submitted, Date: /Z - f'13 Jogrisburg,yon squir Att y for iff 11 alnut Street Ha PA 17101-1609 (717) 238-4777 - Office (717) 238-4793 - Fax Pa. I.D. No. 23859 s CERTIFICATE OF SERVICE I hereby certify that I have this 5th day of December, 2013 served the original and a true and correct copy upon the persons and in the manner listed below: BY FIRST CLASS MAIL, POSTAGE PREPAID Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Lady Remlyn, Inc. 14,41 Joh . Lyons squire 11 alnut H isburg, PA 17101 ( 7) 238-4777 (717) 238-4793 — Fax Atty ID No. 23859