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Home My WebLink About11-4309n UTA ANGINO & ROVNER, P.C. Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com JOYCE G. LIVERING, Plaintiff 12 ':fi" f?Lt ' COUNTY f- I FiSYI ILIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. CIVIL ACTION -gLAW BEAR AND BEAR, INC. d/b/a SIMPLY NO. I I - 3 D 1 1. l V11 TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO JURY TRIAL DEMANDED PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C, 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 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 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 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, PA 17013 (717) 249-3166 470218 7 V c ywt $ 9a. c6Pd 1z AL C259 Is NOTICIA Le Hanna demanded a ousted en la corti. Si ousted quire defenders de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias 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 tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 470218 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodbum@angino-rovner.com JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Joyce G. Livering is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 4240 Catalina Lane, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Simply Turkey & More is a fictitious name owned by Defendant Bear and Bear, Inc. with principal business at 32 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Bear and Bear, Inc., is a Pennsylvania corporation with a registered address at 986 Royer Road, New Bloomfield, Perry County, Pennsylvania, operates a restaurant located at 32 Erford Road, Camp Hill, Cumberland County, Pennsylvania under the fictitious name of Simply Turkey & More. 4. Defendants Lowell R. Gates and Linda Lee Gates T/A Linlo Properties L.P., is a Pennsylvania limited partnership, and Linlo Management L.L.C. is general partner, both with a registered address at 551 Harvest Lane, Mechanicsburg, PA 17055, and which owns the property located at 32 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 5. Defendant Bear & Bear, Inc. d/b/a/ Simply Turkey & More is the tenant of landlord and Defendant Lowell R. Gates and Linda Lee Gates T/A Linlo Properties L.P. and Linlo Management, L.L.C. 6. The facts and occurrences hereinafter related took place on or about May 29, 2009, at the exit doorway of Simply Turkey & More. 7. At that time and place, Plaintiff Joyce G. Livering was exiting the Simply Turkey & More and tripped and violently fell forward out of the restaurant and sustained serious injuries. 8. Plaintiff stepped through the threshold of the exit with her left foot and due to the height of the step lost her balance causing her to fall forward. 9. Plaintiff was unable to catch herself or prevent herself from falling down as there was no rail nor anything to hold onto or grab as she was being propelled forward. 10. Plaintiff was a business invitee owed the highest duty of care by Defendants. COUNT I JOYCE G. LIVERING V. BEAR AND BEAR. INC d/b/a SIMPLY TURKEY & MORE 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 470218 2 12. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Joyce G. Livering are the direct and proximate result of the careless, reckless, and negligent conduct of Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More as follows: (a) failure to conform with building codes; (b) failure to conform with property maintenance codes; (c) failure to maintain a hazard free entrance/exit; (d) failure to use a sloped surface (ramp) for elevation change of less that 12 inches; (e) failure for not having a floor or landing on each side of the door; (f) failure for having doors open over steps; (g) failure for not having a sign or alerting business invitees to the hazardous condition; (h) failure to properly warn business invitees of the possibility of dangerous conditions; and (i) failure to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premise for its intended purposes. 13. As a direct and proximate result of the aforementioned fall, Plaintiff Joyce G. Livering sustained painful and severe injuries, which include but are not limited to a nondisplaced subcapital fracture of the right hip. 14. As a result of the injuries sustained, Plaintiff Joyce G. Livering was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 15. Because of the nature of her injuries, Plaintiff Joyce G. Livering has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 470218 3 16. As a result of the aforementioned incident and resulting injuries, Plaintiff Joyce G. Livering has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforementioned accident and resulting injuries, Plaintiff Joyce G. Livering has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. Plaintiff Joyce G. Livering continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 19. As a result of the aforesaid accident, Plaintiff Joyce G. Livering has sustained scars which will result in a permanent disfigurement, and claim is made therefor. WHEREFORE, Plaintiff Joyce G. Livering demands judgment against Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More in the amount in excess of Fifty Thousand ($50,000.00) Dollars, Exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II JOYCE G. LIVERING V. LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P. AND LINLO MANAGEMENT L.L.C. 20. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference. 21. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Joyce G. Livering are the direct and proximate result of the careless, reckless, and negligent conduct of Defendants Lowell R. Gates and Linda Lee Gates T/A Linlo Properties L.P. and Linlo Management L.L.C. as follows: 470218 4 (a) failure to conform with building codes; (b) failure to conform with property maintenance codes; (c) failure to maintain a hazard free entrance/exit; (d) failure to use a sloped surface (ramp) for elevation change of less that 12 inches; (e) failure for not having a floor or landing on each side of the door; (f) failure for having doors open over steps; (g) failure for not having a sign or alerting business invitees to the hazardous condition; (h) failure to properly warn business invitees of the possibility of dangerous conditions; and (i) failure to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premise for its intended purposes. 22. As a direct and proximate result of the aforementioned fall, Plaintiff Joyce G. Livering sustained painful and severe injuries, which include but are not limited to a nondisplaced subcapital fracture of the right hip. 23. As a result of the injuries sustained, Plaintiff Joyce G. Livering was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 24. Because of the nature of her injuries, Plaintiff Joyce G. Livering has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 25. As a result of the aforementioned incident and resulting injuries, Plaintiff Joyce G. Livering has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 470218 5 26. As a result of the aforementioned accident and resulting injuries, Plaintiff Joyce G. Livering has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 27. Plaintiff Joyce G. Livering continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 28. As a result of the aforesaid accident, Plaintiff Joyce G. Livering has sustained scars which will result in a permanent disfigurement, and claim is made therefor. WHEREFORE, Plaintiff Joyce G. Livering demands judgment against Defendants Lowell R. Gates and Linda Lee Gates T/A Linlo Properties L.P. and Linlo Management L.L.C. in the amount in excess of Fifty Thousand ($50,000.00) Dollars, Exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date:" 11, Z.a l 1 Respectfully submitted, ANGINO & ROVNER, P.C. Lisa . B. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodbum@angino-rovner.com Counsel for Plaintiff 470218 6 VERIFICATION I, Joyce G. Livering, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 1 it ess J J c . ivering 470218 9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 1?"I Joyce G. Livering . vs. Case Number Bear and Bear, Inc. (et al.) 2011-4309 SHERIFF'S RETURN OF SERVICE 05/12/2011 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: Bear and Bear, Inc. d/b/a Simply Turkey & More, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 05/16/2011 11:49 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2011 at 1149 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lowell R. Gates and Linda Lee Gates t/a Linlo Properties, LP, by making known unto Laura Gates, Daughter of Defendant's at 551 Harvest Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. DENNI RY, DEPU 05/16/2011 11:49 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2011 at 1149 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linlo Management, LLC, by making known unto Laura Gates, adult in charge at 551 Harvest Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. DE IS FRY, DES TY 05/31/2011 07:20 PM - Perry County Return: And now May 31, 2011 at 1920 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bear and Bear, Inc. d/b/a Simply Turkey & More by making known unto Audrey Bear, adult in charge at 986 Royer Road, New Bloomfield, Pennsylvania 17068 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $79.44 June 02, 2011 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ?r..) Coup}gSuito Sh& ff. 'I ooosrfl. Inr.. IN THE COURT OF COMMON PLEAS OF Joyce G. Livering THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Bear and Bear Inc. d/b/a Simply Turkey & More No. 2011-4309 Cumberland Co. SHERIFF'S RETURN And now May 31 , 2011 : Served the within name Bear and Bear Inc. the defendant(s) named herin, personally at his place of residence in Centre Twp- 986 Royer Road, New Bloomfield, Perry County, PA, on May 31, 2011 at 7:20 o'clock PM by handing to Audrey Bear, owner's wife/person in charge 1 true and attested copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this p9X7 day of ZU , So answers ry Dep ty Sheriff of Perry County JOY S. ZERANCE, NOTARY PUBLIC 4EW BLOOMFIELD BORO., PERRY COUNTr MY COMMISSION EXPIRES MARCH 6, 2014 UF _I Hr,, I rt:;,, JON 14 j1d 11; 37 2011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com r,UMC? Pt '0 l}v Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More in the above-captioned matter. Respectfully submitted, JO+i SON, DUFFIE, STEWART & WEIDNER R eff s n J. Ship n, squire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June ('3 , 2011 Counsel for Defendants 445346 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 13 , 2011: Lisa M. B. Woodburn, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff Lowell R. and Linda Lee Gates T/A Linlo Properties L.P., and Linlo Management L.L.C. 551 Harvest Lane Mechanicsburg, PA 17055 (Additional Defendant) JOHIN,$ON, DUFFIE, STEWART & WEIDNER J. -F`ILED-OFFICE OF THE PROTNONOTAR) JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com 2011 JUN 20 AM 11: 23 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joyce G. Livering c/o Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Lowell R. and Linda Lee Gates T/A Linlo Properties L.P., and Linlo Management L.L.C. c/o Gregory E. Cassimatis, Esq. 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 AND NOW, this V7 day of June, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER e erson J. Sh' man Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND CROSS CLAIM OF DEFENDANT BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE AND NOW, come the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, by and through their counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs Complaint. 1. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The averments contained in paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNTI Liverina v. Bear and Bear, Inc. d/b/a Simply Turkey & More 11. Answering Defendant incorporates herein by reference the answers to paragraphs 1 through 10 above, as though fully set forth herein at length. 12. Denied. The averments contained in paragraph 12 and subparagraphs (a) through (i) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the answering Defendant failed to conform with building codes; (b) Denied. It is specifically denied that the answering Defendant failed to conform with property maintenance codes; (c) Denied. It is specifically denied that the answering Defendant failed to maintain a hazard free entrance/exit; (d) Denied. It is specifically denied that the answering Defendant was negligent in allegedly failing to use a sloped surface (ramp) for elevation change of less than twelve inches; (e) Denied. It is specifically denied that the answering Defendant was negligent for not having a floor or landing on each side of the door; (f) Denied. It is specifically denied that the answering Defendant was negligent for not having doors open over steps, (g) Denied. It is specifically denied that the answering Defendant was negligent for not having a sign or alerting business invitees to the allegedly hazardous condition; (h) Denied. It is specifically denied that the answering Defendant failed to properly warn business invitees of the possibility of dangerous conditions; and (i) Denied. It is specifically denied that the answering Defendant failed to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premises for its intended purposes. 13. Denied. The averments contained in paragraph 13 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 13, and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. The averments contained in paragraph 14 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 14, and the same are therefore denied and strict proof is demanded at the time of trial. 15. Denied. The averments contained in paragraph 15 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 15, and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. The averments contained in paragraph 16 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 16, and the same are therefore denied and strict proof is demanded at the time of trial. 17. Denied. The averments contained in paragraph 17 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 17, and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph 18 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 18, and the same are therefore denied and strict proof is demanded at the time of trial. 19. Denied. The averments contained in paragraph 19 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 19, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT II Liverling v. Gates 20. The answering Defendant incorporates herein by reference its answers to paragraphs 1 through 19 above, as though fully set forth herein at length. 21-28. The averments contained in paragraphs 21 through 28 are directed to another party and, accordingly, no response is required by answering Defendant. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 29. That if it should be found that the Plaintiff did sustain injuries as a result of the alleged incident, then said injuries were caused by Plaintiff's own negligence, carelessness, recklessness and/or assumption of the risk, and that Plaintiff must be denied recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Statute, 42 Pa.C.S.A. §7102. 30. That Plaintiff's alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 31. That the Plaintiffs alleged cause of action was caused solely by her own contributory negligence and carelessness as follows: (a) In failing to watch where she was walking and stepping; (b) Failing to use due care and caution under the circumstances in the manner in which she entered/existed the premises; (c) In failing to discover or observe the alleged defect and/or dangerous condition she complains of; (d) In failing to assess her position in relation to other objects on the premises; (e) In failing to take precautions to avoid her own injuries; (f) In failing to wear proper footwear; (g) Walking and/or stepping in a hurried or otherwise inappropriate manner. 32. That Plaintiff's alleged cause of action may be barred by her assumption of the risk. 33. That Plaintiffs alleged cause of action may have been caused by third parties or entities not presently involved in this action. 34. That the answering Defendant neither knew or should have known of the alleged condition that Plaintiffs complains of. 35. That if it should be found that there is any negligence on the part of the answering Defendant, which is specifically denied, then, in that event, any such negligence was not a factual cause of Plaintiffs accident and/or harm. 36. That there was no dangerous condition of the subject premises. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. CROSS CLAIM DEFENDANTS BEAR AND BEAR INC. d/b/a SIMPLY TURKEY & MORE v. LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; AND LINLO MANAGEMENT L.L.C. 37. The answering Defendant incorporates herein by reference its answers to paragraphs 1 through 36 above, as though fully set forth herein at length. 38. Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More (Bear and Bear) avers that if Plaintiff sustained any damages as alleged in her Complaint, which is specifically denied, then, in that event, Defendants are alone liable or liable over to answering Defendants or jointly or severally liable for said damages. Any liability for Defendant Bear and Bear being hereby expressly denied. 39. Defendants Bear and Bear hereby cross claim against Defendant Gates to protect their right of indemnity and contribution, and in the event that it is judicially determined that Bear and Bear are jointly or severally liable to Plaintiff, then Defendant Gates is liable over to Bear and Bear, the existence of any liability on the part of Bear and Bear being hereby expressly denied. WHEREFORE, Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More aver that they are not liable to Plaintiff in the within cause of action and request that Your Honorable Court dismiss the Complaint filed against them; and in the alternative, aver that if Plaintiff is entitled to recover upon her Complaint, then Defendant Gates is solely liable to Plaintiff; and further avers that if it should be found that Defendant Bear and Bear are in any way liable to Plaintiff then Defendant Gates is jointly and/or severally liable with Defendant Bear and Bear, or liable over to them. Date: June /'?, 2011 445173 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER '+ffffeerson J. Ship an, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter and Cross Claim of Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June /--), 2011: Lisa M.B. Woodburn, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifo Gregory E. Cassimatis, Esquire Rossmoyne Corporate Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendants Lowell R. and Linda Lee Gates T/A Linlo Properties L. P. and Linlo Management L. L. C.) JOHNSON, DUFFIE, STEWART & WEIDNER J erson J. Ship an FILED-OFFICE OF THE PROTHONOTARY ANGINO & ROVNER, P.C. Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodbum@angino-rovner.com JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE and LINLO PROPERTIES L.P., Defendants 2011 JUN 23 AM 9: 50 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.11_ y 3001 CjV i 1 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 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, PA 17013 (717) 249-3166 473841 NOTICIA Le Hanna demanded a ousted en la corti. Si ousted quire defenders de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias 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 tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 473841 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodbum@angino-rovner.com JOYCE G. LIVERING, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW BEAR AND BEAR, INC. d/b/a SIMPLY NO. TURKEY & MORE and LINLO PROPERTIES L.P., JURY TRIAL DEMANDED Defendants AMENDED COMPLAINT 1. Plaintiff Joyce G. Livering is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 4240 Catalina Lane, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Simply Turkey & More is a fictitious name owned by Defendant Bear and Bear, Inc. with principal business at 32 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Bear and Bear, Inc. is a Pennsylvania corporation with a registered address at 986 Royer Road, New Bloomfield, Perry County, Pennsylvania, operates a restaurant located at 32 Erford Road, Camp Hill, Cumberland County, Pennsylvania under the fictitious name of Simply Turkey & More. 4. Lowell R. Gates and Linda Lee Gates trade and do business as Defendant Linlo Properties L.P. Defendant Linlo Properties, L.P. is a Pennsylvania limited partnership, and Linlo Management L.L.C. is general partner, both with a registered address at 551 Harvest Lane, Mechanicsburg, PA 17055, and which owns the property located at 32 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 5. Defendant Bear & Bear, Inc. d/b/a Simply Turkey & More is the tenant of landlord and Defendant Lowell R. Gates and Linda Lee Gates T/A Linlo Properties L.P. and Linlo Management, L.L.C. 6. The facts and occurrences hereinafter related took place on or about May 29, 2009, at the exit doorway of Simply Turkey & More. 7. At that time and place, Plaintiff Joyce G. Livering was exiting the Simply Turkey & More and tripped and violently fell forward out of the restaurant and sustained serious injuries. 8. Plaintiff stepped through the threshold of the exit with her left foot and due to the height of the step lost her balance causing her to fall forward. 9. Plaintiff was unable to catch herself or prevent herself from falling down as there was no rail, nor anything to hold onto or grab as she was being propelled forward. 10. Plaintiff was a business invitee owed the highest duty of care by Defendants. COUNTI JOYCE G. LIVERING V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 473841 12. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Joyce G. Livering are the direct and proximate result of the careless, reckless, and negligent conduct of Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More as follows: (a) failure to conform with building codes; (b) failure to conform with property maintenance codes; (c) failure to maintain a hazard free entrance/exit; (d) failure to use a sloped surface (ramp) for elevation change of less than 12 inches; (e) failure for not having a floor or landing on each side of the door; (f) failure for having doors open over steps; (g) failure for not having a sign or alerting business invitees to the hazardous condition; (h) failure to properly warn business invitees of the possibility of dangerous conditions; and (i) failure to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premise for its intended purposes. 13. As a direct and proximate result of the aforementioned fall, Plaintiff Joyce G. Livering sustained painful and severe injuries, which include but are not limited to a nondisplaced subcapital fracture of the right hip. 14. As a result of the injuries sustained, Plaintiff Joyce G. Livering was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 15. Because of the nature of her injuries, Plaintiff Joyce G. Livering has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 473841 16. As a result of the aforementioned incident and resulting injuries, Plaintiff Joyce G. Livering has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforementioned accident and resulting injuries, Plaintiff Joyce G. Livering has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. Plaintiff Joyce G. Livering continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 19. As a result of the aforesaid accident, Plaintiff Joyce G. Livering has sustained scars which will result in a permanent disfigurement, and claim is made therefor. WHEREFORE, Plaintiff Joyce G. Livering demands judgment against Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More in the amount in excess of Fifty Thousand ($50,000.00) Dollars, Exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II JOYCE G. LIVERING V. LINLO PROPERTIES L.P. 20. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference. 21. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Joyce G. Livering are the direct and proximate result of the careless, reckless, and negligent conduct of Defendant Linlo Properties L.P. as follows: (a) failure to conform with building codes; 473841 (b) failure to conform with property maintenance codes; (c) failure to maintain a hazard free entrance/exit; (d) failure to use a sloped surface (ramp) for elevation change of less that 12 inches; (e) failure for not having a floor or landing on each side of the door; (f) failure for having doors open over steps; (g) failure for not having a sign or alerting business invitees to the hazardous condition; (h) failure to properly warn business invitees of the possibility of dangerous conditions; and (i) failure to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premise for its intended purposes. 22. As a direct and proximate result of the aforementioned fall, Plaintiff Joyce G. Livering sustained painful and severe injuries, which include but are not limited to a nondisplaced subcapital fracture of the right hip. 23. As a result of the injuries sustained, Plaintiff Joyce G. Livering was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 24. Because of the nature of her injuries, Plaintiff Joyce G. Livering has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 25. As a result of the aforementioned incident and resulting injuries, Plaintiff Joyce G. Livering has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 473841 26. As a result of the aforementioned accident and resulting injuries, Plaintiff Joyce G. Livering has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 27. Plaintiff Joyce G. Livering continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 28. As a result of the aforesaid accident, Plaintiff Joyce G. Livering has sustained scars which will result in a permanent disfigurement, and claim is made therefor. WHEREFORE, Plaintiff Joyce G. Livering demands judgment against Defendant Linlo Properties L.P. in the amount in excess of Fifty Thousand ($50,000.00) Dollars, Exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Date: b LA." 1 0 Q LisaM. B. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodbum@angino-rovner.com Counsel for Plaintiff 473841 VERIFICATION I, Joyce G. Livering, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. J iTt J ce ivering 470218 9 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND I, Lisa M. Woodburn, being duly sworn according to law, depose and state that I am counsel for Plaintiff that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing Amended Complaint are true and correct to the best of my knowledge and belief. 7W Lisa M. Woodburn Sworn to and subscribed before me this oZaN day of 2011. Notary Public comma NW?'? of PENNS`A-VI?NI?? NOTARIAL SEA Public SUSAN HEPP, NOln County Susquehanna Y .,.auPh - 473841 I X1;,-0 rir I` I'Gt f c? PROTHONOTARY J!) I JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com MiMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joyce G. Livering c/o Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 V.- Lowell R. and Linda Lee Gates T/A Linlo Properties L.P., and Linlo Management L.L.C. c/o Gregory E. Cassimatis, Esq. 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 AND NOW, this rl day of July, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER rson J. Sh' man q?k Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSS CLAIM OF DEFENDANT BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE TO AMENDED COMPLAINT AND NOW, come the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, by and through their counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and file the following Answer, New Matter and Cross Claim to Plaintiff's Amended Complaint. 1. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The averments contained in paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNTI Livering v. Bear and Bear, Inc. d/b/a Simply Turkey & More 11. Answering Defendant incorporates herein by reference the answers to paragraphs 1 through 10 above, as though fully set forth herein at length. 12. Denied. The averments contained in paragraph 12 and subparagraphs (a) through (i) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the answering Defendant failed to conform with building codes; (b) Denied. It is specifically denied that the answering Defendant failed to conform with property maintenance codes; (c) Denied. It is specifically denied that the answering Defendant failed to maintain a hazard free entrance/exit; (d) Denied. It is specifically denied that the answering Defendant was negligent in allegedly failing to use a sloped surface (ramp) for elevation change of less than twelve inches; (e) Denied. It is specifically denied that the answering Defendant was negligent for not having a floor or landing on each side of the door; (f) Denied. It is specifically denied that the answering Defendant was negligent for not having doors open over steps; (g) Denied. It is specifically denied that the answering Defendant was negligent for not having a sign or alerting business invitees to the allegedly hazardous condition; (h) Denied. It is specifically denied that the answering Defendant failed to properly warn business invitees of the possibility of dangerous conditions; and (i) Denied. It is specifically denied that the answering Defendant failed to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premises for its intended purposes. 13. Denied. The averments contained in paragraph 13 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 13, and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. The averments contained in paragraph 14 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 14, and the same are therefore denied and strict proof is demanded at the time of trial. 15. Denied. The averments contained in paragraph 15 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 15, and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. The averments contained in paragraph 16 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 16, and the same are therefore denied and strict proof is demanded at the time of trial. 17. Denied. The averments contained in paragraph 17 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 17, and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph 18 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 18, and the same are therefore denied and strict proof is demanded at the time of trial. 19. Denied. The averments contained in paragraph 19 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in paragraph 19, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II Liverling v. Gates 20. The answering Defendant incorporates herein by reference its answers to paragraphs 1 through 19 above, as though fully set forth herein at length. 21-28. The averments contained in paragraphs 21 through 28 are directed to another party and, accordingly, no response is required by answering Defendant. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 29. That if it should be found that the Plaintiff did sustain injuries as a result of the alleged incident, then said injuries were caused by Plaintiffs own negligence, carelessness, recklessness and/or assumption of the risk, and that Plaintiff must be denied recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Statute, 42 Pa.C.S.A. §7102. 30. That Plaintiff's alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 31. That the Plaintiff's alleged cause of action was caused solely by her own contributory negligence and carelessness as follows: (a) In failing to watch where she was walking and stepping; (b) Failing to use due care and caution under the circumstances in the manner in which she entered/existed the premises; (c) In failing to discover or observe the alleged defect and/or dangerous condition she complains of; (d) In failing to assess her position in relation to other objects on the premises; (e) In failing to take precautions to avoid her own injuries; (f) In failing to wear proper footwear; (g) Walking and/or stepping in a hurried or otherwise inappropriate manner. 32. That Plaintiff's alleged cause of action may be barred by her assumption of the risk. 33. That Plaintiff's alleged cause of action may have been caused by third parties or entities not presently involved in this action. 34. That the answering Defendant neither knew or should have known of the alleged condition that Plaintiff's complains of. 35. That if it should be found that there is any negligence on the part of the answering Defendant, which is specifically denied, then, in that event, any such negligence was not a factual cause of Plaintiffs accident and/or harm. 36. That there was no dangerous condition of the subject premises. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. CROSS CLAIM DEFENDANTS BEAR AND BEAR. INC. d/b/a SIMPLY TURKEY & MORE v LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; AND LINLO MANAGEMENT L.L.C. 37. The answering Defendant incorporates herein by reference its answers to paragraphs 1 through 36 above, as though fully set forth herein at length. 38. Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More (Bear and Bear) avers that if Plaintiff sustained any damages as alleged in her Complaint, which is specifically denied, then, in that event, Defendants are alone liable or liable over to answering Defendants or jointly or severally liable for said damages. Any liability for Defendant Bear and Bear being hereby expressly denied. 39. Defendants Bear and Bear hereby cross claim against Defendant Gates to protect their right of indemnity and contribution, and in the event that it is judicially determined that Bear and Bear are jointly or severally liable to Plaintiff, then Defendant Gates is liable over to Bear and Bear, the existence of any liability on the part of Bear and Bear being hereby expressly denied. WHEREFORE, Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More aver that they are not liable to Plaintiff in the within cause of action and request that Your Honorable Court dismiss the Complaint filed against them; and in the alternative, aver that if Plaintiff is entitled to recover upon her Complaint, then Defendant Gates is solely liable to Plaintiff; and further avers that if it should be found that Defendant Bear and Bear are in any way liable to Plaintiff then Defendant Gates is jointly and/or severally liable with Defendant Bear and Bear, or liable over to them. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4JAr4son J. hipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: July , 2011 Counsel for Defendants Bear and Bear, 447395 Inc. d/b/a Simply Turkey & More VERIFICATION The undersigned verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Todd ear Dated: (? •- j :445195 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer, New Matter and Cross Claim of Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More to Plaintiffs Amended Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 11 2011: Lisa M. B. Woodburn, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Gregory E. Cassimatis, Esquire Rossmoyne Corporate Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendants Lowell R. and Linda Lee Gates T/A Linlo Properties L.P. and Linlo Management L. L. C.) JOHNSON, DUFFIE, STEWART & WEIDNER B Je erson J. Shipman j l GREGORY E. CASSIMATIS, Esquire Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANT Linlo Properties, LP SERME HEREOF 6M BE ENTBM JOYCE G. LIVERING, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V CIVEL ACTION -LAW r . ? C -D INC. d/b/a/ SIMPLY BEAR AND BEAR r {=6 ` , TURKEY & MORE and LINLO - - PROPERTIES, LP NO. 11-4309 -<> U11 ? , Defendants r-o -' JURY TRIAL DEMANDED ' c7 C? ::Z7 C C:), )k fT . y= ANSWER OF DEFENDANT, LINLO P E ROPERTIES, LP WITH NEW MA AND NEW MATTER PURSUANT TO Pa.R.C.P.1031.1 TO PLAINTIFF'S AMENDED COMPLAINT Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Amended Complaint. 2. Admitted on information and belief. 3. Admitted on information and belief. 4. It is admitted that Linlo Properties, LP is a Pennsylvania limited partnership in which Lowell R. Gates and Linda Lee Gates are limited partners and Linlo Management, LLC is a general partner. It is admitted that Linlo Properties, LP owns the property located at 30-34 Erford Road, Camp Hill, Cumberland County, Pennsylvania and has a registered address of 551 Harvest Lane, Mechanicsburg Pennsylvania 17055. In all other regards, the averments are specifically denied. 5. It is denied that Lowell R. Gates and Linda Lee Gates t/a Linlo Properties, LP and Linlo Management, LLC are the landlord. It is admitted that Linlo Properties, LP is the landlord. Otherwise, the averments are denied. 6. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 6 of Plaintiff's Amended Complaint and the same are deemed denied. To the extent a response is deemed required, these averments are specifically denied. 7. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 7 of Plaintiff's Amended Complaint and the same are deemed denied. These averments are also denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, these averments are specifically denied. 8. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 8 of Plaintiff's Amended Complaint and the same are deemed denied. These averments are also denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, these averments are specifically denied. 9. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of 2 paragraph 9 of Plaintiff's Amended Complaint and the same are deemed denied. These averments are also denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, these averments are specifically denied. 10. Denied as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, these averments are specifically denied. COUNTI Joyce G Livering v. Bear and Bear, Inc. d/b/a Simply Turkey & More 11-19. The allegations contained in paragraphs 11-19 of Plaintiff's Amended Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Linlo Properties, LP, requests that judgment be entered in its favor and against the Plaintiff. COUNT II Joyce G. Livering v. Linlo Properties, LP 20. The Answering Defendant incorporates its answers to paragraphs 1 through 19 above by reference as if fully set forth at length herein. 21(a)-(i). Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, each and every averment in paragraph (a) through paragraph (i) is specifically denied. 22. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information 3 sufficient to form a belief as to the truth of the averments in paragraph 22 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. 23. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 23 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. 24. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 24 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. 25. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 25 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. 26. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 26 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. 4 27. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 27 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. 28. Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, after reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 28 of Plaintiff's Amended Complaint and the same are deemed denied and strict proof thereof demanded. WHEREFORE, Defendant, Linlo Properties, LP, demands judgment in its favor and against the Plaintiff. NEW MATTER 29. Plaintiff's Amended Complaint fails to set forth a cause of action upon which relief can be granted against the Answering Defendant. 30. Plaintiff's Amended Complaint may be barred by the applicable statute of limitations. 31. Plaintiff may have been comparatively negligent in causing her alleged harm and any recovery by Plaintiff should be eliminated and/or reduced pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §7102. 32. Plaintiff had notice and knowledge of a condition alleged to have caused the accident in question and did knowingly and willingly encounter this condition, and did assume the risk of any injury that could have arisen. 33. If Plaintiff suffered any damages, they were caused solely and primarily by the carelessness, recklessness and negligence of parties other than the Answering Defendant and over whom the Answering Defendant had no control or right of control. 34. No act or omission on the part of the Answering Defendant was a factual cause of Plaintiff's alleged injury. 35. Plaintiff's alleged injuries were caused by Plaintiff's own carelessness or negligence in that she: (a) failed to look out for her own safety; (b) failed to pay proper attention; (c) failed to observe the area in which she was walking and stepping; (d) walking and/or stepping in a hurried or otherwise inappropriate manner; (e) failing to wear appropriate footwear; (f) failing to discover or observe the alleged defect and/or dangerous condition she complains of; and (g) failing to use due care and caution under the circumstances in the manner in which she was exiting the premises in question. 36. At all times relevant to the allegations in Plaintiff's Amended Complaint, the Answering Defendant exercised reasonable care with respect to the condition of the property. WHEREFORE, Defendant, Linlo Properties, LP, demands judgment in its favor and against Plaintiff together with costs of suit. 6 NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO Pa.R.C.P.1031.1 Linlo Properties, LP v. Bear and Bear, Inc. d/b/a Simply Turkey & more 37. Paragraphs 1 through 36 of the Answering Defendant's Answer with New Matter to Plaintiff's Amended Complaint are incorporated herein by reference as if fully set forth at length. 38. If the incident described in Plaintiff's Amended Complaint occurred as alleged therein, then Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, is solely liable to the Plaintiff. 39. In the alternative, Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More is jointly and/or severally liable with the Answering Defendant or liable over to the Answering Defendant for contribution and/or indemnity, the existence of any liability on the part of the Answering Defendant being specifically denied. 40. The Answering Defendant has asserted this crossclaim against Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, in order to preserve its right of contribution and indemnity. WHEREFORE, Defendant, Linlo Properties, LP, demands that any judgment entered in favor of the Plaintiff be entered solely against Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More. In the event that judgment is entered against Defendant, Linlo Properties, LP, any liability on its part being specifically denied, then it is requested that said judgment be entered jointly and/or severally against Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More or that Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More be held liable over to Defendant, Linlo Properties, LP for contribution and/or indemnity. 7 Date: By Greg . Cassimatis, Esquire Atto ey for Defendant Linlo Properties, LP VERIFICATION I, Lowell R. Gates, Member of Linlo Management, LLC, a General Partner of Linlo Properties, LP, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer of Defendant, Linlo Properties, LP with New Matter and New Matter Pursuant to Pa.R.C.P. 1031.1 are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer of Defendant, Linlo Properties, LP with New Matter and New Matter Pursuant to Pa.R.C.P. 1031.1 are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: OW.04 7 '-k l Name: ?Vwg K44?1 l Lowell R. Gates, Member CERTIFICATE OF SERVICE AND NOW, this -9 day of August, 2011, I, Gregory E. Cassimatis, Esquire, Attorney for Linlo Properties, LP, hereby certify that I served a copy of the within Answer of Defendant, Linlo Properties, LP with New Matter and New Matter Pursuant to Pa.R.C.P. 1031.1 to Plaintiff's Amended Complaint on behalf of Defendant, Linlo Properties, LP by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Lisa M. B. Woodburn, Esquire Angino & Rovner, PC 4503 N. Front Street Harrisburg, PA 17110 (Attorney for Plaintifj) Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 (Attorney for Defendants,Bear and Bear d/b/a Simply Turkey & More) By: Grego . Cassimatis, squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 a' 0 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants ? c:0TK0N0TA ilia ; 7 P? 2: t}L 1` PD NSYI.VANNA T•? Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE TO CROSS CLAIM OF LINLO PROPERTIES L.P. AND NOW, come the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, by and through their counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and file the following Answer to Cross Claim of Defendant Linlo Properties, L. P. 37. The answering Defendant incorporates herein by reference its Answer and New Matter to Plaintiff's Complaint as though fully set forth herein at length. 38-40. The averments contained in paragraphs 38 through 40 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Bear and Bear, Inc. d/b/a Simply Turkey & More, respectfully request that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. Date: August [ , 2011 455079 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER '4-ttttffookrrney on J. Ship an, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the parties filing the foregoing Answer of Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More to Cross Claim of Defendant Lino Properties, L.P. and that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. . Jeffe on J. Shipman, Esquire Attorney for Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More Date: August L?, , 2011 455094 CERTIFICATE OF SERVICE hereby certify that a copy of the foregoing Answer of Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More to Cross Claim of Defendant Linlo Properties, L.P. has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August /L- , 2011: Lisa M. B. Woodburn, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff Gregory E. Cassimatis, Esquire Rossmoyne Corporate Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendants Lowell R. and Linda Lee Gates T/A Linlo Properties L.P. and Linlo Management L.L.C.) JOHNSON, DUFFIE, STEWART & WEIDNER J ff n J. Shi man ANGINO & ROVNER, P.C. Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner. com JOYCE G. LIVERING, Plaintiff V. ail-t3>4 i=1vt 25 P1.1 2. z3 1?1,4'?i13 ?RLMP??IA? COUV"tw ??„±?1SYL Attorneys for Plaintiff BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE and LINLO PROPERTIES L.P., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-4309-CV JURY TRIAL DEMANDED REPLY TO NEW MATTER OF DEFENDANT, LINLO PROPERTIES, L.P., TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Plaintiff, Joyce G. Livering, by and through her counsel, Lisa M.B. Woodburn and Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant, Linlo Properties, L.P., as follows: 29. - 36. The averments set forth in Paragraphs #29 through 36 are conclusions of law and fact to which no response is deemed required. In the event a response is deemed required, the averments are specifically denied. WHEREFORE, Plaintiff respectfully requests Defendant, Linlo Properties, L.P., New Matter be dismissed in its entirety and judgement entered in her favor. Date: August 24, 2011 ANGINO & ROVNER, P.C W 11VNI) L '9a M.713. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodbum@angino-rovner.com Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. I, Lisa M. Woodburn, being duly sworn according to law, depose and state that I am counsel for Plaintiff that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing Reply to New Matter of Defendant, Linlo Properties, L.P., to Plaintiff's Amended Complaint, are true and correct to the best of my knowledge and belief. s Lisa B. Woodburn Sworn to and subscribed before me this 1Z Z]?- day of 2011. L Notary Public COMMONWMTH OR piNNMVANIA NOTARIAL SEAL SUSAN HEPP, Notary Public Susquehanna Twp., Dauphin County My Commission Expires May 6, 2014 478568 CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing Reply to New Matter of Defendant, Linlo Properties, L.P., to Plaintiffs Amended Complaint, upon all counsel of record via postage prepaid first class United States mail addressed as follows: Gregory E. Cassimatis, Esquire The Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Counsel for Defendants Lowell R. Gates and Linda Lee Gates, Linlo Properties, L.P. and Linlo Management, L.L.C. Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More Date: August 24, 2011 ie A. Manno, Legal S tretary 478568 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) 2012 JUL 20 Phi 1 ? 49 TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: Q for JURY trial at the next term of civil court. ? for trial without a jury. ---------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Joyce G. Livering CUMBERLAND C04TY I'ENPSYLVAtdI (check one) X? Civil Action - Law ? Appeal from arbitration (other) vs. Bear and Bear, Inc. d/b/a Simply Turkey & More vs. Linlo Properties L.P. (Plaintiff) (Defendant) The trial list will be called on 07/31/12 and 08/21/12 Trials commence on 09/17/12 Pretrials will be held on 09/05/12 (Briefs are due S days before pretrials No. 11-4309-CV Indicate the attorney who will try case for the party who files this praecipe: Lisa M. Benzie, Esquire Indicate trial counsel for other parties if known: Gregory E. Cassimatis, Esquire and Jefferson J. Shipman, Esquire This case is ready for trial. Signed: Print Name: Lisa Date: 07/12/2012 Attorney for: Joyce G. Livering, Plaintiff 4.:Z 4.7s ?aLA-l? eK? syQ?v ?,#a7sa?Y B ne zie Term __ __ _ _ _ _ __ __ __ JOYCE G. LIVERING, IN THE COURT OF COMMON PLEA OF Plaintiff CUMBERLAND COUNTY, PENNSYLVP~TIA v. CIVIL ACTION - LAW BEAR AND BEAR, INC., d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; AND LINLO MANAGEMENT L.L.C., Defendants 11-4309 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 21st day of August, 2012, defense counsel for Bear and Bear, Inc., and defense counsel for Linlo Properties, L.P. having appeared in court for the call of the li t, and Plaintiff's counsel having not appeared in court, and it bei g represented by both defense counsel that Plaintiff's counsel nee s more time to complete depositions in this case, and it being the request of both defense counsels that this matter still remain the trial list, this matter will stay on the trial list. By the Court, V'lLisa M. Benzie, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 For the Plaintiff ~' ~-~~C~ Christy e L. Peck, J. ~/ Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For the Defendant Bear and Bear, c~ G -r -t n~ ~'' its N ~ a ._ to oQ Inc. d/b/a Simply Turkey & More ~;~ Gregory E. Cassimatis, Esquire The Cincinnati Insurance Company 4999 Louise Drive, Ste 103 Mechanicsburg, PA 17055 For Defendants Lowell R. Gates and Linda Lee Gates, Linlo Properties, L.P. and Linlo Management, L.L.C. ~/ Court Admin Prothonotary pcb ~~ ~~ ~= ~~D~' .. ~~~-CFA 1C - E f~ ~ ~'~ QTf~O~~OTAr~'r' ''?12~(f~ 29 ~o- Its U- ~,t,P~x~?ERL~ND COU~~1T ~' i'~t~NSYLYANIA ANGINO & ROVNER, P.C. Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 E-mail : lwoodburn@angino-rovner.com JOYCE G. LIVERING, Plaintiff v. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE and LINLO PROPERTIES L.P., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 11-4309-CIVIL JURY TRIAL DEMANDED PLAINTIFF'S UNCONTESTED MOTION FOR A CONTINUANCE OF TRIAL AND NOW come the Plaintiff by and through her attorneys, Angino & Rovner, P.C., file this Motion for a Continuance pursuant to Cumberland County Local Rule 208.3(a), and) in support thereof aver: 1. Plaintiff filed a Praecipe listing the above-captioned case for trial ~on approximately July 13, 2012. By Order dated August 21, 2012, the case was listed for a term commencing September 17, 2012. 2. In the interim, Plaintiff s counsel was made aware Plaintiff's treating physici Dr. Rubbo, was not available to be deposed or provide testimony before the date of trial his surgical schedule and time away from the office. to 506554 3. Plaintiffs counsel has contacted both defense counsel in this case, Gregory E. Cassimatis, Esquire, Counsel for Defendants Lowell R. Gates and Linda Lee Linlow Properties, LP, and Linlow Management, LLC, and Jeffery J. Shipman, Esquire, for Defendant Bear and Bear, Inc. d/b/a Simply Turkey and More, and both counsel consented to Plaintiff s request for a Continuance. See emails attached hereto as Exhibit A. 4. The case has not been previously listed for trial and no prior continuances been requested. 5. Plaintiff s counsel has discussed the instant Motion with Plaintiff and also in agreement with the Request for a Continuance. WHEREFORE Plaintiff respectfully request that Your Honorable Court continue the scheduled for September 17, 2012, to the following Cumberland County trial term on N 26, 2012. Date: g I Respectfully submitted, ANGINO & ROVNER, P.C. Lisa~ll~I. B(erfzie; Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lbenzie@angino-rovner. com Counsel for Plaintiff(s) is 506554 CERTIFICATE OF CONCURRENCE I, Lisa M. Benzie, an employee of the law firm of Angino & Rovner, P.C., hereby that a true and correct copy of PLAINTIFF'S UNCONTESTED MOTION FOR ' A CONTINUANCE OF TRIAL was sent in an electronic form to the following counsel of and they concur in the Motion: Gregory E. Cassimatis, Esquire The Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Date: u ~ ~ ~ 0 ~ a- Lis M. 506554 ~~ Martie Manno From: Lisa Benzie Sent: Sunday, August 26, 2012 2:36 PM To: Helman, Katelyn; Martie Manno Subject: Fwd: Livering Lisa M. Benzie Angino & Rovner, PC Sent from my iPhone Begin forwarded message: From: "Jefferson J. Shipman" <JJS ~JDSW.com> Date: August 26, 2012 1:56:25 PM EDT To: Lisa Benzie <lbenzie(a,an~ino-rovner.com> Cc: "Cassimatis, Greg" <Greg Cassimatis(a~staffdefense.com> Subject: Livering Lisa- I have no objection to a continuance. Jeff. Jefferson J. Shipman Attorney Johnson, Duffie, Stewart 8~ Weidner 301 Market Street ~ P.O. Box 109 Lemoyne, PA 17043-0109 Email: jjsCc'~jdsw.com Phone: 717.761.4540 ~ Fax: 717.761.3015 For more information about our comprehensive services, please visit our website at www.jdsw.com This communication, along with attachments, contains information that is protected by the attorney/client and/or othe privileges and is considered confidential. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. It constitutes non-public information intended to be delivered only to the designated recipient. This communication is also protected from disclosure under applicable law. If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient or you believe that you ha received this communication in error, please notify the sender immediately by return a-mail. The email should also be promptly deleted. Any review, retransmission, dissemination or duplication of this a-mail and/or attachments, will be considered unauthorized use and is prohibited. Martie Manno _ From: Sent: To: Cc: Subject: Thanks. See you both Thursday. Lisa Benzie Monday, August 27, 2012 11:07 AM Cassimatis, Greg; Jefferson J. Shipman Martie Manno; Helman, Katelyn RE: Livering The content of this E-mail message is attorney privileged and highly confidential, directed only to the above n med person. Therefore, distribution, utilization or copying of this information by anyone other than the designate recipient is strictly prohibited. If you have erroneously received this communication, please notify us immediately at (717) 238-6791, and ret rn the original message to us by E-mail. Thank you. From: Cassimatis, Greg [maitto:Greg_Cassimatis@staffdefense.com] Sent: Monday, August 27, 2012 11:05 AM To: Jefferson J. Shipman; Lisa Benzie Subject: RE: Livering Lisa: Same here, I have no objection to a continuance. Greg Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Confidentiality Notice: The information included in this a-mail, including any attachments, is for the sole use f the intended recipient and may contain information that is confidential and protected by the attorney/client and or the attorney work product privilege. Any unauthorized review, use, disclosure, distribution or similar action is prolhibited. If you are not the intended recipient, please contact the sender and delete all copies of the original message imrlnediately. From:lefferson J. Shipman [mailto:JJS@1DSW.com] Sent: Sunday, August 26, 2012 1:56 PM To: Lisa Benzie Cc: Cassimatis, Greg Subject: Livering Lisa- i have no objection to a continuance. Jeff. Jefferson J. Shipman Attorney Johnson, Duffie, Stewart & Weidner 301 Market Street ^' P.O. Box 109 Lemoyne, PA 17043-0109 Email: jjs@jdsw.com <mailto:jjs@jdsw.com> Phone: 717.761.4540 "' Fax: 717.761.3015 For more information about our comprehensive services, please visit our website at www.jdsw.com <http://www.jdsw.com/> This communication, along with attachments, contains information that is protected by the attorney/client privileges and is considered confidential. Receipt by anyone other than the intended recipient(s) is not a wa attorney/client or other privilege. It constitutes non-public information intended to be delivered only to the recipient. This communication is also protected from disclosure under applicable law. If the reader or recipi~ communication is not the intended recipient, an employee or agent of the intended recipient or you believe have received this communication in error, please notify the sender immediately by return a-mail. The email /or other of a ny signated of this it you ould also be promptly deleted. Any review, retransmission, dissemination or duplication of this a-mail and/or attachments, will be considered unauthorized use and is prohibited. 3 CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do here certify that I am this day serving a true and correct copy of the foregoing Plaintiffs Uncontest Motion for a Continuance of Trial upon all counsel of record via postage prepaid first class Unit States mail addressed as follows: Gregory E. Cassimatis, Esquire The Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Counsel for Defendants Lowell R. Gates and Linda Lee Gates, Linlo Properties, L.P. Linlo Management, L.L.C. Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More Date: g~o2g~o2062 A. Manno, Legal 506554 r 6 ~1~~ ~;~.c13-Q~F iGF ~~ TFf~ Pr~~TNC~,~t~ITI-~r~'~ Z#IZ Al1G 30 aH I i ~ 32 eu N~ cauH~ ANGINO & ROVNER, P.C. ~~~~~~ Lisa M.B. Woodburn Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 E-mail: Iwoodburn@angino-rovner.com Attorneys for Plaintiff JOYCE G. LIVERING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. I CIVIL ACTION -LAW BEAR AND BEAR, INC. d/b/a SIMPLY NO. 1 I-4309-CIVIL TURKEY & MORE and LINLO PROPERTIES L.P., JURY TRIAL DEMANDED Defendants ORDER CONTINUING TRIAL AND NOW this 3~~ day of August, 2012, it is HEREBY ORDERED that Trial scheduled for 9:00 a.m. on September 17, 2012, is rescheduled to a subsequent trial term agreement of the parties. The case will be relisted at a mutually agreeable term by counsel. Distribution to: (see next nape) Thomas A• Place~y e Common Pieas Ju 9 s 506554 Distribution to: ,/ Lisa M. Benzie, Angino & Rovner, P.C., 4503 North Front Street, Harrisburg,-PA 17110 Counsel for Plaintiffs r/ Gregory E. Cassimatis, Esquire, The Cincinnati Insurance Company, 4999 Louise Drive, Suite 1 Mechanicsburg, PA 17055 Counsel for Defendants Lowell R. Gates and Linda Lee Gates, Limo Properties, L.P. and Linl Management, L.L.C. / Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. 109, Lemoyne, PA 17043-0109 Counsel for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More ~opres ~,-j~ ~~.~e~a ~~ 506554 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Manley, Esquire I . D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 WDM@jdsw.com ? I Attorneys for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More JOYCE G. LIVERING, Plaintiff V. BEAR AND BEAR, INC. d/b/a SIMPLY TURKEY & MORE; LOWELL R. GATES AND LINDA LEE GATES T/A LINLO PROPERTIES L.P.; and LINLO MANAGEMENT L.L.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4309 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More in the above-captioned matter. Respectfully submitted, Date: October 10 , 2012 519002 JOHNSON, DUFFIE, STEWART & WEIDNER By: W oU Wade D. anley, Esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants Bear and Bear, Inc. d/b/a Simply Turkey & More CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by. depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October /o , 2012: Lisa M. Benzie, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Gregory E. Cassimatis, Esquire Rossmoyne Corporate Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendants Lowell R. and Linda Lee Gates T/A Linlo Properties L. P. and Linlo Management L. L. C.) JOHNSON, DUFFIE, STEWART & WEIDNER By: ?ALI 41 Wade D. M nley ~3t~1~iG+~t'~~.F1~mt~ ~ VVi~l l `i ~Ep~~dSYLV~-ld1A ANGINO & ROVNER, P.C. Kristen N. Sinisi Attorney ID#:311381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: ksinisi~angino-ro~~ner.com JOYCE G. LIVERING, it`s.i i1t3 t~• v. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW BEAR AND BEAR, Ilv'C. d/b/a SIMPLY NO. 11-4309-CIVIL TURKEY & MORE and LINLO PROPERTIES L.P., I JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance as co-counsel for Plaintiff, Joyce G. Livering, in the above- captioned matter. Respectfully submitted, Date: November 7, 2012 ANGINO & ROVNER, P.C. Kri, en N:~3 nisi, Esquire 1'A I.D. No. 311381 X503 N. Front Street IJarrisburg, PA 17.110 (717) 238-6791 lcsinisi@angino-rovner. com Counsel for Plaintiffs} 512251 CERTIFICATE OF SERVICE 1;~A~artie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe far Entry of Appearance upon all counsel of record via postage prepaid first class United States mail addressed as follows: Gregory E. Cassimatis, Esquire The Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Counsel for Defendants Lowell IZ. Gates and Linda Lee Gates, Linlo Properties, L.P. and Linlo Management, L.L.C. Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market,S#re~et ''.U~. Box 109 Lemoyne, PA 17043-0.109 Counsel for Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More F, M ie A. Manno, Legal Se etary Date: November 7, 2012 sinsi JOYCE G. LIVERING, Plaintiff v. BEAR AND BEAR INC., d/b/a SIMPLY TURKEY & MORE and LINLO PROPERTIES, L.P. Defendants VERDICT SLIP 2011-4309 CIVIL TERM 1. Do you find that Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More and/or Linlo Properties was negligent? Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More Linlo Properties, L.P. Yes ~_ No Yes ~ No If you answer "yes" for either Defendant, please proceed to Question No. 2. If you answer "no", please notify the Clerk that you have reached a verdict and you will be returned to the courtroom. 2. Was the negligence of Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More and/or Linlo Properties, L.P., a factual cause in bringing about the harm to Plaintiff? Defendant Bear and Bear, Inc. Yes No d/b/a Simply Turkey & More Linlo Properties, L.P. Yes No If you answer "yes" for either Defendant, please proceed to Question No. 3. If you answer "no", please notify the Clerk that you have reached a verdict and you will be returned to the courtroom. ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 1 3. Do you find that Plaintiff Joyce G. Livering was negligent? Yes No If you answer "yes", please proceed to question No. 4. If you answer "no", but you have answered yes to Questions No. 1 and No. 2, please proceed to Question No. 5. 4. Was Plaintiff Joyce G. Livering's negligence a factual cause in bringing about her harm? Yes No If you answer "`yes", please proceed to Question No. 5 (a) (b) and (c). If you answer "no", but you have answered yes to Questions No. 1 and No. 2, proceed to Question No. 5 (a) and (b). 5. Taking the combined negligence that was a factual cause in bringing about Plaintiff Joyce G. Livering's harm as 100%, what percentage of casual negligence was attributable to Defendant Bear and Bear, Inc., d/b/a Simply Turkey & More, Defendant Linlo Properties, L. P. and Plaintiff Joyce G. Livering? a. The percentage of casual negligence attributable to Defendant Bear and Bear, Inc. d/b/a Simply Turkey & More? (Answer only if you have answered both Questions No. 1 and No. 2 "yes" as to Defendant Bear and Bear, Inc. d/b/a Simply Turkey 8~ More) b. The percentage of casual negligence attributable to Defendant Linlo Properties, L.P.? (Answer only if you have answered both Questions No. 1 and No. 2 "yes" as to Defendant Linlo Properties, L. P.) c. The percentage of casual negligence attributable to Plaintiff Joyce G. Livering? (Answer only if you have answered both Questions No. 3 and No. 4 "yes") TOTAL 100 2 6. State the amount of damages you find Plaintiff Joyce G. Livering sustained as a result of the negligence of Defendant Bear and Bear, Inc. d/b/a Simply Turkey and More and Defendant Linlo Properties, L.P. Insert a figure for each category set forth below. a. Past Medical Expenses: $ b. Future Medical Expenses: $ c. Past pain and suffering, ioss of enjoyment of life, disfigurement and humiliation: d. Future pain and suffering, loss of enjoyment of life, disfigurement and humiliation: TOTAL $ DATE: 11.21- 1~, Foreperson: Sig ature 3