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HomeMy WebLinkAbout04-3969SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants NO. P q-J91.Q eia4l.? 1 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER B JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 171060545 (717) 234-3700 • FAX (717) 234-8212 SHOLLENBERGER & JANUZZI. LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA „.. LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en [as paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER 8 JANUZZI, LLP 1620 LINGLESTOWN ROAD - P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX(717)234-8212 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. nn / NO. (Y4- 39(_R A'.LL SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT CIVIL ACTION - LAW COMPANY, d/b/a WILLNER REALTY JURY TRIAL DEMANDED AND DEVELOPMENT COMPANY, Defendants COMPLAINT AND NOW comes the Plaintiff, BEVERLY SWEIGART, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, BEVERLY SWEIGART, is an adult individual who currently resides at RD # 4, Box 4425, Duncannon, Perry County, Pennsylvania. 2. The Defendant, SUMMERDALE PLAZA ASSOCIATES, (hereinafter referred to as "Summerdale"), is a Pennsylvania business corporation operating as a shopping center, with its principal place of business at Mall of Summerdale Plaza, Enola, Cumberland County, Pennsylvania. 3. The Defendant, WALNUT DEVELOPMENT COMPANY, doing business as WILLNER REALTY and DEVELOPMENT COMPANY, (hereinafter referred to as "WDC"), is a Pennsylvania business corporation with its principal place of business at S 3 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P.O. BOX 605,15 • HARRISBURG, PA 17106-0545 (717) 2343700. FAX (717) 234-8212 W Corner 69th and Market Streets, Upper Darby, Delaware County, Pennsylvania. Defendant WDC owns the real property upon which Defendant Summerdale is situate. 4. At all times relevant hereto, the Plaintiff, BEVERLY SWEIGART, was a business invitee of Defendants SUMMERDALE and WDC. 5. The facts and circumstances hereinafter set forth took place on September 13, 2002, at or about 5:30 P.M., in the parking lot of the property known as Mall of Summerdale Plaza, Enola, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Plaintiff, BEVERLY SWEIGART, parked her car, exited her vehicle and as she attempted to close her car door she slipped on an oil-like substance that collected in the parking lot of the above referenced Plaza. 8. As a result of the aforesaid occurrence, Plaintiff, BEVERLY SWEIGART, has suffered serious and permanent injuries, including, but not limited to the following: a. Nondisplaced fracture of the fifth left rib; b. Severe strain/sprain of the muscle, tendons, ligaments and other soft tissues at or about the lumbar spine; C. Severe strain/sprain of the muscle, tendons, ligaments and other soft tissues at or about the cervical spine; d. Neck pain; e. Herniated disc of cervical spine; f. Post-traumatic headaches; g. Exacerbation of pre-existing spondylosis; h. Shock to the nerves and nervous system; i. Mental and physical anguish. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, BEVERLY SWEIGART, has undergone and in the future will undergo great pain and suffering for which damages are claimed. a SHOLLENBERGER & JANUZZI, LLP 1820 LINGLES7OWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX(717)234-8212 11. As a further result of the aforesaid injuries, Plaintiff, BEVERLY SWEIGART, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, BEVERLY SWEIGART, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, BEVERLY SWEIGART, has sustained for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, BEVERLY SWEIGART, has been and may continue to be subjected to further medical procedures and treatments, and all accompanying risks, hazards, pain, suffering, discomfort and economic losses associated therewith, and may be compelled to expend money for medicine and medical attention, for which damages are claimed. COUNTI BEVERLY SWEIGART v. SUMMERDALE PLAZA ASSOCIATES. 15. Paragraphs 1 through 14 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 16. At all times relevant hereto, Defendant knew or should have known, in the exercise of reasonable care, of the foreseeable risk of harm which could result from the accumulation of a foreign substance which was negligently allowed to accumulate on the parking lot by Defendant, its agents, employees, servants, workmen and/or representatives, and negligently allowed to remain for an unreasonably long time. 17. The aforesaid incident and resulting injuries to the Plaintiff, BEVERLY SWEIGART, were a direct and proximate result of the negligence, carelessness and 5 SHOLLENBERGER 8 JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG. PA 17106-0545 (717) 234-3700 • FAX (717) 234-8212 recklessness of Defendant, which consisted of: a. Failing to inspect the parking lot for the presence of the foreign substance and correct or treat said condition; b. Failing to notify the owners of the real estate of the dangerous condition of the parking lot; C. Failing to warn patrons using the parking lot of the foreign substance which had accumulated; d. Failing to take adequate measures to protect patrons from the dangerous condition of the parking lot; e. Failing to clear the foreign substance from the parking lot area, or make it safer to walk upon; f. Failing to adequately maintain the subject parking lot so as to avoid creating or allowing to remain a dangerous condition which presented a risk of harm to patrons. 18. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, BEVERLY SWEIGART. WHEREFORE, Plaintiff, BEVERLY SWEIGART, demands judgment against the Defendant, SUMMERDALE PLAZA ASSOCIATES., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. COUNT II BEVERLY SWEIGART v. WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY 19. Paragraphs 1 through 18 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 6 SHOLLENBERGER 8 JANUM, LLP 1820 LINGLESTOW N ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX (717) 234.8212 20. At all times relevant hereto, Defendant knew or should have known, in the exercise of reasonable care, of the foreseeable risk of harm which could result from the accumulation of a foreign substance which was negligently allowed to accumulate on the parking lot by Defendant, its agents, employees, servants, workmen and/or representatives, and negligently allowed to remain for an unreasonably long time. 21. The aforesaid incident and resulting injuries to the Plaintiff, BEVERLY SWEIGART, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, which consisted of: a. Failing to inspect the parking lot for the presence of the foreign substance and correct or treat said condition; b. Failing to notify the owners of the real estate of the dangerous condition of the parking lot; C. Failing to warn patrons using the parking lot of the foreign substance which had accumulated; d. Failing to take adequate measures to protect patrons from the dangerous condition of the parking lot; e. Failing to clear the foreign substance from the parking lot area, or make it safer to walk upon; f. Failing to adequately maintain the subject parking lot so as to avoid creating or allowing to remain a dangerous condition which presented a risk of harm to patrons. 7 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD . P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 WHEREFORE, Plaintiff, BEVERLY SWEIGART, demands judgment against the Defendant, WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl J Januzzi, Esquire Attor ey I.D. No. 65575 Dated: August 10, 2004 s SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106-0545 (717) 234-3700 • FAX(717)234-8212 P "IQ 7J cl d SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3969 CIVIL TERM SUMMERDALE PLAZA ASSOCIATES CIVIL ACTION - LAW and WALNUT DEVELOPMENT JURY TRIAL DEMANDED COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please re-instate Complaint against the Defendant, WALNUT DEVELOPMENT COMPANY dlb/a WILLNER REALTY AND DEVELOPMENT COMPANY. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By. Karl J. Januzzi, Esq. Attorney I.D. #65575 Dated: September 8, 2004 [ •. r,. ;, t_ BEVERLY SWEIGART, V. Plaintiff SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 04-3969 CIVIL TERM CIVIL ACTIO14 - LAW JURY TRIAL, DEMANDED NOTICE TO PLEAD TO: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BY: Jo Arnold, Esquire Supreme Court I.D. #70219 324 Hellam Street Wrightsville, PA 17368 (717) 252-5266 BEVERLY SWEIGART, V. Plaintiff SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 04-3969 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, by and through their attorney, John H. Arnold, Esquire, and files the following Answer: 1. Admitted. 2. Admitted. 3. Denied in part. Defendant's proper address is 140 South 69th Street, 2nd Floor, Upper Darby, Pennsylvania 19082-4118. 4. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a settled belief as to the truth of the averments of Paragraph 4. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 5. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 6. Plaintiff makes no averment. No answer required. 7. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 7. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 8. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 8. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. The averments are specifically denied: a. Denied. b. Denied. C. Denied. d. Denied. e. Denied. f. Denied. g. Denied. h. Denied. i. Denied. 9. Plaintiff makes no averment. No answer required. 10. Denied. The averments of Paragraph 10 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph, 10. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 11. Denied. The averments of Paragraph 11 are conclusions of law to which no responsive pleading is required. To the extent a response; is deemed required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph It. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 12. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 13. Plaintiff makes no averment. No answer required. 14. Denied. The averments of Paragraph 14 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. COUNTI BEVERLY SWEIGART v. SUMMERDALE PLA KA ASSOCIATES 15. No answer required. 16. Denied. The averments of Paragraph 16 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 16. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 17. Denied. The averments of Paragraph 17 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 17. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. The averments are specifically denied: a. Denied. b. Denied. C. Denied. d. Denied. e. Denied. f. Denied. 18. Den ied. The averments of Paragraph 18 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 18. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. WHEREFORE, Defendant prays this Honorable Court enter judgment against Plaintiff and for Defendant, Summerdale Plaza Associates. COUNT II BEVERLY SWEIGART v. WALNUT DEVELOPMENT COMPANY. d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, 19. No answer required. 20. Denied. The averments of Paragraph 20 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 20. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. 21. Denied. The averments of Paragraph 21 are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 21. Said averments are therefore denied and strict proof thereof, if admissible, is demanded at the time of trial. The averments are specifically denied: a. Denied. b. Denied. C. Denied. d. Denied. e. Denied. f Denied. WHEREFORE, Defendant prays this Honorable Court enter judgment against Plaintiff and for Defendant, Walnut Development Company, d/b/a Willner Realty and Development Company. NEW MATTER 22. The foregoing responses to the averments of the Complaint are incorporated by reference and realleged as affirmative defenses. 23. Plaintiffs injuries were pre-existing. 24. Plaintiff is of such a mental state that she lacks the reasonable ability to remember the alleged incident with any degree of certainty. Respectfully submitted, DATE: (D/6 /o ? BY: JHN H. ARNOLD, ESQUIRE A ey for Defendants Supreme Court I.D. #70219 324 Hellam Street Wrightsville, PA 17368 (717) 252-5266 BEVERLY SWEIGART, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA SUMMERDALE PLAZA ASSOCIATES NO. 04-3969 CIVIL TERM and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY CIVIIYACTION DEMANDED AND DEVELOPMENT COMPANY, Defendants CERTIFICATE OF SERVICE AND NOW, this day, the 6`h of October, 2004, I, John H. Arnold, Esquire, certify that I have, this date, served a true and correct copy of the foregoing Answer with New Matter, to the persons shown below, by first-class mail, postage prepaid: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 H. Arnold, Esquire me Court I.D. #70219 324 Hellam Street Wrightsville, PA 17368 (717) 252-5266 ,_ c:: N uiS N __ 0- co l.L I,LI N U SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY SWEIGART Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendant NO. 04-3969 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, BEVERLY SWEIGART, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the Defendants' New Matter as follows: 22. No answer required. 23. Denied. It is specifically denied that the injuries for which Plaintiff is seeking damages are pre-existing. To the contrary, as set forth in Plaintiff's Complaint, Plaintiff sustained new injuries as well as aggravation of pre-existing injuries resulting from the fall on Defendants' premises. 24. Denied. It is specifically denied that Plaintiff's mental state is such that she lacks the reasonable ability to remember the alleged incident with any degree of certainty. WHEREFORE, Plaintiff, BEVERLY SWEIGART, respectfully requests your Honorable Court strike Defendants' New Matter, and enter judgment in Plaintiff's favor. Respectfully submitted, SHOLLENBERGER & JANU771, LLP By: Karl J. nuzzi, Esq. .D. #65575 Date: October 15, 2004 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendant NO. 04-3969 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 15" day of October, 2004 1 hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John H. Arnold. Esq. Wrightsville Law Office 324 Hellam Street Wrightsville, PA 17368 Respectfully submitted, SHOLLENBI?JGER & JANUZZI, LLP By: Karl J' Ja uzzi, Esq. Attorney .D. #65575 Dated: October 15, 2004 ?,,, n_a ?' F ? ?i ?-- ? -. --? _ l:J i ?1 ?....i I11 {J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWEIGART BEVERLY VS SUMMERDALE PLAZA ASSOCIATES ET 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: SUMMERDALE PLAZA ASSOCIATES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 15th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe .?- i" Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 24.50 Sheriff of Cumberland County Mileage 11.10 72.60 10/15/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed o before me this ? day of ?(,Q? Pr th notary v? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWEIGART BEVERLY VS SUMMERDALE PLAZA ASSOCIATES ET 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: WALNUT DEVELOPMENT COMPANY DBA WILLNER REALTY & DEVELOPMENT but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 15th , 2004 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answer-s: ' Docketing 6.00 > Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Delaware Co 34.55 Sheriff of Cumberland County .00 59.55 10/15/2004 SHOLLENBERGER & JANUZZI before me Sworn and subscriberkbr? this day of ?GG [ A ` Profhorlo SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWEIGART BEVERLY VS SUMMERDALE PLAZA ASSOCIATES ET 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: WALNUT DEVELOPMENT COMPANY DBA WILLNER REALTY & DEVELOPMENT but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 15th , 2004 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answers- Docketing 18.00 Out of Count 9.00 Surcharge 10.00 R: Thomas Kline Dep Delaware Co 42.55 Sheriff of Cumberland County .00 79.55 10/15/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed before me this as day of /l/Ix?) ?d??F 'kar ;tono y In The Court of Common Pleas of Cumberland County, Pennsylvania Beverly Sweigart vs. Sunmerdale Plaza Associates et al SERVE: Walnut Development Company d/b/a Willner Realty and Development Company No. 04-3969 civil Now, A„T,Gt 12, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this depuutati n being mad at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA .1? vit of Service upon at by handing to a and made known to Sworn and subscribed before .me th?rti`44 Lay ofJe2. , 20611- P 20^, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT $ NOTARIAL SEAL KATHLEEN E McCUEN, Notary Public Media Boro.. Delaware County My Commission Expires April 7, 2006 %. R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor ?o?rtt? °f CumheP16- OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 16q 3q* Hon. aoseph McGinn Beverly Sweigart TO: Delaware County Sheriff RE:. VS Stmmerdale Plaza Assiciates et al 04-3969 civil; Dear Sheriff: Enclosed please find Notice & Complaint, Req for Prod 'of Docurnents, Interrogatories to be served in your County. Kindly make service thereof and send us your return of service. 0/061 Enclosures: Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania In The Court of Common Pleas of Cumberland County, Pennsylvania ?- Beverly Sweigart vs. Sunnerdale Plaza Associates et al SERVE: Walnut Developnent Company d/b/a 04-3969 civil Willner Realty & Development Company No. Now, September 10; 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA i o'clock M. served the 01- at by handing to a ?copy ? of the original Affidavit of Service upon -JA(?/I &lI " Now, lei, / within ? t and made known to the contents thereof. q ai ?( Sworn and subscribed before me this,gwday of ??, 200-L SEAL l KATHLEEN E. MCCUEN, Notary Public Media fto., Delaware County My Commission Expires April 7, 2006 $ nty, PA COSTS SERVICE $ MILEAGE AFFIDAVIT COUNTY OF YORK OFFICE OF THE SHERIFF SE17)771960E 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I. PLAINTIFFISI 2. COURT NUMBER Beverlv Sweigart 04-3969 civil J. DEFENDANT/S1 < TYPE OF WRIT OR COMPliAINT Notice & Complaint, Req for Prot: Surtmerdale Plaza Associates et al of Documents, Interrociatories SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Sturmerdale Plaza Associates 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT: NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 351 Loucks Road York, PAJ/ 17404 (Crossroads Shopping Ctr) Next to.Curves 7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE N DEPUTIZE U CE 7 MAI?d U 1ST CLASS MAIL U POSTED U OTHER NOW August_ 24 C? 20 O I, SHERIFF O COUNTY, PA, o hereby depu 'z he sheriff of COUNTY to execute IN ale a me rding to law. This de'utization being made at the request and risk of the plaintiff. A ' 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Please mail return of service to Ctanherland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXE8l1TION: N.B. WAIVER OF WATCWWAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction. Of removal of any property before sheriffs sale thereof. 9. ITYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNAT 10. TELEPHONE NUMBER 71. DATE FILED rSO?Qa?uul ?030(,?5y5. , P? 1710& a3y-376D 12. SEND NO E OF SERVICE COPY TO NAME AND ADDRESS BELOW ( 4 must be completed if nonce is to be mailed). SPAM 15 Hearing Dat tJ. I acknowledge receipt dicat amewen ? tr l? K-? 711. DATE RECEIVED or complaint pWnt as indicated above (l/?J'\T-l/nVnt?n oy -25 -U 16. HOW SERVED: PERSONA` 1/ • RESIDENCE ( I POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( I S L 17. U 1 hereby certiry and r as NO\TFOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) s1 J(AM_E AN E OF INDNIDUAL SERVED I LIST ADDRESS ERE IF NOT SItOWIN ABOVE (ReWtiomihip toDelendanp 79. Daft oService 120. Time of Serv Time Miles Int. 21 ATTEMPTS Dale Time MI s Int. Date Time M' s Int. Dale Tme Miles Int i Dale Ttme 0 Miles Int. 0 Dale 0 Time Milos nt Date f- ? i 22. REMARKS: /o4A 23. Atlvancp Coals 121'Service?.YCyilts 25. WF 126. 1.]iJeage 127. Postage 26 Sub Total 129. Pound I J 1 !, 131. Surchg. Cq Tot. Co? JJ. Coss Due rid Chkk No ?M 31. Foreign County Costs 135. Advance Costs 136... Service Costs I 37. Notary Cert. 3s. M(ileagr'JPOatagefNot( Fxoand 179. Totatal coasts 1510. Costs Due or Refund W It. AFFIRMED and subscribed to bet re me this 1 SO RS SEYT 04 ,/ sp nature a 42day of 20 - /3; s'Dep. Sheri f ' / nro-1 PI I ARY 16. Signature a Yask 17 ATE Notarial Seal County sheriff Lmy"CT.--? s V. Vangre'n, Notary Public y of York. York County, PA IJILLIAM M. FIGS) 9-10-04 missior j%'•.?"=°s Mar. 21, 2005 48 . Signature of Forearn - -1 a Y .. ° t w A 1' _ , 31 VA34 W'13HPT ?.$ '11-I J YaJ P6t? 34Y f :? d i' k fia T ifi (? T3iF f ?A lS g6 ^: 4 ! 3 1 3r?9 y ?tA1?] ? X.i i 3eOK it1"rl .A. - .. 'T YTS!gG$'i Mks AUt77YliClr" l!T i@eSPY1 ,". ry TV ,. N W i;4 7 33AT .p c..1HQ9A !3 . ? s ;'.y .a 'L L' NytV, -.i `J 1(YI?Yyi . Ji"5T. i tl 1 a@'.. ,)((. _.. P . _.. - _ L 3ttism f5? sj f rln+`l# q4> ,: .•'..t I ? @ .. ? 71- - _. w 3 OiT. ?.,,e e i, Oll 'VI t .. v1 W4 ,,,. , Ak r,J A AAou A :WQ;Tp.), 3J14(J r 11AW P.U S! ,t 44q?. Y , ! . ? «.?.; . - g ^N.>4 YT+?"Q YiY IC ?6aMel1 T5 n;i e, &°;t .' ... _. ?.._. _. __ __. ,o.:. ,:`?AN:.JfRQ''K>'AAO r,A J"'3'7 a^, '?? m? c ? <,'; CFa •s tirv .-: jE ??_tAC3 ;AOk6ln .ttcfiN QT?.a.alaa Fo-..o _ jtu t _ ,, 1 d,'d73'•.i:.: i.zsR3QIL"aHA.. ?'•di'.? .3VH36' '. Au m•.'9%...?,lbarj9f. friFl54 G (r U, 1 V&,Wo ? anti , r wr ^ ?---- vr. •` {}-'gln.•n. 'I-µ. > a kV r.. _ + <2 , h :R .,. ),AJF lAIJC „9UHi ?'Trl Q jil 8id .. 1 Ca 1 9•Fv f a?J{I!(I I3Ir4T 04 • ? 1 YilT v ! «.4 ?zT• .P i Ins a yr,r' frTr ,di grla*:,$ r? •frmd{°. s , , , .. .ok au'e-bs ?yv.,... •{ Tla vc 'T1j N LS a5zL7 vrl''. ca P. .:> 1 I r - -; .. : ta ' SR.IOT fF2 - "'.c=bQYMe .h 1 r;*)f! {T LLfl.' r iedi fr: H"'qt; V 0;,:'F$.1.?i s'., endd.. ,Or r }) R Gke''W'f, : ,. ' 0 : IA4 _ NT SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff BEVERLY SWEIGART, Plaintiff V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendant PRAECIPE FOR CHANGE OF ADDR TO THE PROTHONOTARY: IN THE C URT OF COMMON PLEAS CUMBER AND, PENNSYLVANIA NO. 04-3b69 CIVIL ACTION - LAW JURY TRIAL DEMANDED S OF C UNSEL FOR PLAIIVl'IFF Please be advised that the address of the undersigned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitt SHOLLENBERGER By: Karl J. Januz; I . D. # 65575 JANUZZI, LLP , Esq. Date: November 29, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff BEVERLY SWEIGART, Plaintiff V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendant IN THE ?OURT OF COMMON PLEAS CUMBE LAND, PENNSYLVANIA NO. 04-?9Ei9 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SE VICE AND NOW this 29" day of November, 2004 1 he eby certify that I have served the Praecipe for Change of Address of Counsel for Plai tiff to the following by depositing a true and correct copy of same in the Unite States mail, postage prepaid, addressed to: John H. Arnold. Esq. Wrightsville Law Office 324 Hellam Street Wrightsville, PA 17308 Respectfully submitted, SHOLLENBERGER JANUZZI, LLP ?NJ 11 1 By: Dated: November 29, 2004 Karl J. Januzzi, Esq. Attorney I.D. #05575 'L~ 4 ?' ? ?'s , i'°t't r -- f ? -? C;? a ?,' , -?.- ?. C? c ? ? -r^ "1 1, ?? ... = ? 7 . t :. { ?" ' ? a ? ?? w ? -- . .. r .-... 1 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff BEVERLY SWEIGART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants NO. 04-3969 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 23 day of June, 2007, 1 hereby certify that I have served the following Plaintiffs' Answer to Interrogatories of Defendants on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John H. Arnold, Esq. 324 Hellam Street Wrightsville, PA 17368 By: v rl J. Januzzi, Esquire N 77 ., r" (' , 1A , , r` ? BEVERLY SWEIGART, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, V. : PENNSYLVANIA SUMMERDALE PLAZA ASSOCIATES NO. 04-3969 CIVIL TERM and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY CIVIL ACTION - LAW AND DEVELOPMENT COMPANY, JURY TRIAL DEMANDED Defendants PRAECIPE TO WITHDRAW/ENTER APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of the Defendants in the above- captioned matter. DATE: 07/07/08 BY: j?g H. Arnold, Esq. Supreme Court I.D. #70219 324 Hellam Street Wrightsville, PA 17368 (717) 252-5266 Kindly enter my appearance on behalf of the Defendants in the above- captioned matter. DATE: 07/07/08 B Russell F. D'Aiello, Jr., Es . Supreme Court I.D. #22811 218 Locust Street Wrightsville, PA 17368 (717) 252-9858 !, . ,16 . CERTIFICATION OF SERVICE AND NOW, this 7th day of July, 2008, 1, John H. Arnold, Esquire, hereby certify BEVERLY SWEIGART, V. 1 1% : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 04-3969 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY, d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants that I have, this date, served a copy of the attached Praecipe to Withdraw/Enter Appearance, by United States mail, addressed to: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 DATE: 07/07/08 BY: JOI . ARNOLD, ESQUIRE Supreme Court I.D. #70219 324 Hellam Street Wrightsville, PA 17368 (717) 252-5266 (717) 252-5536 Fax johnhamold2003@yahoo.com -T' ap 7l ? _.._ ?71?T7 c r, "? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3969 CIVIL ACTION - LAW JURY TRIAL DEMANDED Notice of Death To the Prothonotary: The death of Beverly Sweigart on March 17, 2009, Plaintiff in the above action, during the pendency of this action is noted upon the record. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: K01. Januzzi, Esq. I. V. No. 65575 Aitornev for Plaintiffs Date: e" - 1-7, apoi SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BEVERLY SWEIGART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SUMMERDALE PLAZA ASSOCIATES and WALNUT DEVELOPMENT COMPANY d/b/a WILLNER REALTY AND DEVELOPMENT COMPANY, Defendants NO. 04-3969 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this P day of August, 2009, 1 hereby certify that I have served the following Notice of Death on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Russell F. D'Aiello, Jr., Esq. 218 Locust Street Wrightsville, PA 17368 By: J. Januzzi, Esquire FILED-01"' CE CF 1NE P " 'T 3 i ;?) ?; TRIRY 2009 AUG 19 Ph 2: 23 BEVERLY' SWE I CART vs Case No. 04-3969 Sl,N1V1ER1~4LE PLAZA ASSOCIATES and WALNUT DEVELOPMENT O~VWANY, d/b/a WILWER REALTY AND DEVELOPMENT QT~IPANY, Statement of Intention to Proceed To the Court: Plaint:i intends to Print Name 14~r I J . Januzz i , Esq. Sign Name Date. _ _ _10~~? Attorney for Explanatory Comment with the above captioned mattex. aintiff The Supreme Cow-t of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Adminis4-ation ]901. Two aspects of the recomrnendati,>n merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has bef;n promulgated to govern the termination of inactive cases within the scope, of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of .Iudicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a wliform statewide practice, preempting local rules. 'T'his rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,' 10 A.2d 1 ]04 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required oefore a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administratio^ 190](b) has been amended Co accommodate the new rule of civil proeedw~e. The general polic}~ of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. iI Inactive Cases Thr, purposE: of Rule 230.2 is to eliminate inactive cases fiom the judicial system.. Thf; process is initiated by the court Aftea~ giving notice of intent to terminaie an action for inactivity, the course of the procedure is with the~~ parties. If tine parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an or~~ier as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, t e~ of she will file a notice of intention to proceed and the action shall continue. a. 64~here the notion has beFii terminated If the action is terminated when a party believes that iC should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the ten~nination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not titnrly file '.he notice of intention to proceed. `The timing, of the filing of the petition to reinstate the action is important. If the petition is filed within third- days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the coml. must grant the pettion and reinstate the action. It the petitial is filed later than the thirty-day period, subdivision (d)(3) requires that the plainlifP must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or leg_timate excuse both for the failure to file the notice of intention to proceed prior to the entry of the r>rder of termination oa the docket and for the failure to file the petition within the thirty-day period under subdivision ("d)(2) I3..Where the action has no! been terminated fin action which has not been terminated but which continues upon the ftling of a notice of intention to proceed may have been thr, subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy ~~f a common law ~~on pros which exits independently of termination under Rule 230.2.