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Home My WebLink About11-6834George B. Faller, Jr., Esquire G TNT I.D. No. 49813 gQ?? U 30 ?? 3. 2$ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER RLF?$C CCU?T? MARTSON LAW OFFICES CVMN.?LVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN E. KENDALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. RS4 C ?Y1 V. CIVIL ACTION - LAW AUTOZONE, INC., AUTOZONE STORES,: INC., RALPH F. LAFFERTY JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY, and LUCILLE GILMARTIN, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 aw,v % eta.m T-vA ct e? ? ay?sa e-* a ayo3o BRIAN E. KENDALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. V. AUTOZONE, INC., AUTOZONE STORES,: INC., RALPH F. LAFFERTY JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY, and LUCILLE GILMARTIN, CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Brian E. Kendall, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint upon the following: 1. Plaintiff, Brian E. Kendall, is an adult individual residing at 138 "A" Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendants, Autozone, Inc., and Autozone Stores, Inc., (hereinafter Autozone Defendants), are Nevada corporations with principal places of business at 123 South Front Street, Memphis, Tennessee 38103 and a local address of 725 North Hanover Street, Carlisle, Pennsylvania 17013. 3. Defendants, Ralph F. Lafferty, Jr., Toby G. Lafferty, John R. Lafferty, and Lucille Gilmartin (herein collectively referred to as "Owner Defendants") are adult individuals residing at 4010 South Olympic Way, Salt Lake City, Utah 84124. 4. Upon information and belief, Autozone, Inc., Autozone Stores, Inc., Ralph F. Lafferty, Toby G. Lafferty, John R. Lafferty and Lucille Gilmartin are the owners of real property located at 725 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 (herein referred to as the "Premises"). 5. Upon information and belief, at all times material hereto, Autozone Defendants possessed, managed and controlled the business premises located at 725 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 6. At all times material hereto, Plaintiff Brian Kendall was lawfully upon the Premises. 7. At all times material hereto, Owner Defendants and Autozone Defendants, who owned, possessed, and controlled the Premises had allowed the condition of the parking lot pavement to deteriorate causing numerous depressions and potholes across the pavement in the parking lot. 8. At all times material hereto, Owner Defendants and Autozone Defendants, who had exclusive control of the Premises had allowed snow and ice to accumulate and remain on the parking lot of the Premises, in ridges or elevations of such size and character as to unreasonably obstruct travel. 9. The accumulation of snow and ice on the parking lot constituted a danger to pedestrians traveling thereon. 10. Owner Defendants and Autozone Defendants had knowledge of the dangerous accumulation of snow and ice on the parking lot. 11. At all times material hereto, Owner Defendants and Autozone Defendants were aware of the deterioration in the condition of the parking lot and of the dangerous condition created by the snow, ice, depressions, and the potholes. 12. At all times material hereto, there were no warning signs posted on the Premises warning of the accumulation of ice and the numerous depressions and potholes that exist across the parking lot. 13. Plaintiff Brian Kendall was not warned otherwise of the dangerous condition. 14. On or about January 26, 2011, Plaintiff Brian Kendall parked his car in the Autozone parking lot and when exiting his vehicle, he slipped and fell on a depression in the pavement covered by snow and ice. 15. As a direct and proximate result of the negligence of the Defendants, Plaintiff Brian Kendall sustained serious injuries as set forth more specifically below. COUNT I - NEGLIGENCE BRIAN KENDALL v. AUTOZONE INC. and AUTOZONE STORES INC. 16. Paragraphs 1-15 are incorporated herein by reference as if fully set forth below. 17. At all times material hereto, Plaintiff believes and therefore avers that Autozone Defendants were in ownership, possession, management and control of the Premises and were responsible for maintaining the safe condition of the property known as Autozone, located at 725 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 18. On or about January 26, 2011, Brian Kendall was on the parking lot located immediately outside of the Auto Zone store, intending to enter the store as a business invitee. 19. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff Brian Kendall were caused directly and proximately by the negligence of Autozone, Inc., and Autozone Stores, Inc., and/or by their agents, servants, workmen or employees, acting in the scope of their authority and employment and more specifically as set forth below: (a) In causing or permitting the parking lot pavement to deteriorate creating depressions and numerous potholes which in and of themselves could cause and unreasonable risk of harm; (b) In allowing an accumulation of snow and ice to exist which aggravated the dangerous condition and compounded the risk posed by the depressions and potholes in its parking lot; (c) In failing to make reasonable inspection of the premises which would have revealed the existence of the dangerous condition posed by the depressions and potholes; (d) In failing to make a reasonable inspection which would have revealed the accumulation of snow and ice in the parking lot which hid, disguised or limited the visibility of the defects to the real estate caused by the depressions and pot holes; (e) In failing to take steps to warn patrons of the dangerous conditions; (f) In failing to place any non-skid material or ice melting material upon the accumulations of snow and ice in the parking lot; (g) In failing to place cinders or other non-skid melting material upon the area of the parking lot which had depressions or pot holes which disguised the defects in the real estate; and (h) In failing to adequately inspect the Premises to discover the unreasonably dangerous condition of the parking lot. 20. Autozone Defendants knew or should have known through the exercise of ordinary care, diligence, and inspection that the parking lot was in an unreasonably dangerous condition for their invitees. 21. As a direct and proximate result of the negligence of Autozone Defendants, Plaintiff Brian Kendall sustained serious injuries including, but not limited to, extensive quadriceps tendon rupture of the left knee and left lower extremity deep venous thrombosis. As a result of these injuries, Plaintiff developed extensive bilateral pulmonary embolism. 22. As a direct and proximate result of the negligence of Autozone Defendants, Plaintiff Brian Kendall has undergone physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his detriment and loss, physically, emotionally and financially. 23. As a direct and proximate result of the negligence of Autozone Defendants, Plaintiff Brian Kendall has suffered lost wages/income and may in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a direct and proximate result of the negligence of Autozone Defendants, Plaintiff Brian Kendall has had, and will in the future, suffer loss of life's pleasures. 25. As a direct and proximate result of the negligence of Autozone Defendants, Plaintiff Brian Kendall has been compelled, in order to affect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend more for the same in the future, to his detriment and loss. WHEREFORE, Plaintiff demands judgment against the Autozone Defendants in an amount in excess of $50,000.00, plus costs, interest, and delay damages. COUNT II - NEGLIGENCE BRIAN KENDALL V. OWNER DEFENDANTS 26. The averments of paragraphs 1 through 25 are hereby incorporated by reference. 27. At all times material hereto, Plaintiff believes and therefore avers that the Owner Defendants were in ownership, possession, management and control of the Premises and were responsible for maintaining the safe condition of the property known as Autozone, located at 725 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 28. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff Brian Kendall were caused directly and proximately by the negligence of Owners and/or by their agents, servants, workmen or employees, acting in the scope of their authority and employment and more specifically as set forth below: (a) In causing or permitting the parking lot pavement to deteriorate creating depressions and numerous potholes which in and of themselves could cause an unreasonable risk of harm; (b) In allowing an accumulation of snow and ice to exist which aggravated the dangerous condition and compounded the risk posed by the depressions and potholes in its parking lot; (c) In failing to make reasonable inspection of the premises which would have revealed the existence of the dangerous condition posed by the depressions and potholes; (d) In failing to make a reasonable inspection which would have revealed the accumulation of snow and ice in the parking lot which hid, disguised or limited the visibility of the defects to the real estate caused by the depressions and pot holes; (e) In failing to take steps to warn patrons of the dangerous conditions; (f) In failing to place any non-skid material or ice melting material upon the accumulations of snow and ice in the parking lot; (g) In failing to place cinders or other non-skid melting material upon the area of the parking lot which had depressions or pot holes which disguised the defects in the real estate; (h) Failed to properly inspect the premises when they leased the premises to the Autozone Defendants; (i) Failed to exercise reasonable care in securing a proper property manager or supervisor to inspect the premises to make sure it was safe for individuals traveling on the property which they knew would be open to the public; 0) Leased the premises for a purpose involving admission of the public neglected to inspect or repair dangerous conditions which existed on the parking lot before possession was transferred. (k) Undertook to repair the parking lot, but failed to do so with reasonable care; (1) Reserved control over the unreasonably dangerous and defective parking lot and failed to repair so that it was reasonably safe for business invitees; (m) Allowed the demised premises to be leased with apparent dangerous conditions that constitute a nuisance per se; and (n) Had knowledge of the dangerous condition existing on the parking lot at the time it transferred possession and failed to correct the condition or disclose the condition to its tenant. 29. Owner Defendants knew or should have known through the exercise of ordinary care and diligence that the parking lot was in an unreasonably dangerous condition for their invitees. 30. As a direct and proximate result of the negligence of Owner Defendants, Plaintiff Brian Kendall sustained serious injuries including, but not limited to, extensive quadriceps tendon rupture of the left knee and left lower extremity deep venous thrombosis. As a result of these injuries, Plaintiff developed extensive bilateral pulmonary embolism. 31. As a direct and proximate result of the negligence of Owner Defendants, Plaintiff Brian Kendall has undergone physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his detriment and loss, physically, emotionally and financially. 32. As a direct and proximate result of the negligence of Owner Defendants, Plaintiff Brian Kendall has suffered lost wages/income and may in the future continue to suffer a loss of income and/or loss of earning capacity. 33. As a direct and proximate result of the negligence of Owner Defendants, Plaintiff Brian Kendall has had, and will in the future, suffer loss of life's pleasures. 34. As a direct and proximate result of the negligence of Owner Defendants, Plaintiff Brian Kendall has been compelled, in order to affect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend more for the same in the future, to his detriment and loss. WHEREFORE, Plaintiff demands judgment against the Owner Defendants in an amount in excess of $50,000.00, plus costs, interest, and delay damages. MARTSO W OFF By George . Fa er, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff t • VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Brian E. Kendall F TILESTlients\14231 Kendall\14231. Lcom.wpd H - x_1: E v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0„ Jody S Smith Chief Deputy ' _ g'' u l; Richard W Stewart Solicitor Brian Eugene Kendall vs. Autozone Stores, Inc. (et al.) Case Number 2011-6834 SHERIFF'S RETURN OF SERVICE 09/01/2011 10:35 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2011 at 1035 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Autozone Stores, Inc., by making known unto Peter Fojutowski, Manager for Autozone Stores, Inc. at 725 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD W RTHING DEPUTY 09/01/2011 10:35 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2011 at 1035 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Autozone, Inc., by making known unto Peter Fojutowski, Manager for Autozone, Inc. at 725 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.44 September 06, 2011 -4 ejIJ A )6? GERALD WORTHINGT DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF 0 Charles T. Young, Jr. Attorney I.D. No. 80680 McNEES WALLACE & NURICK LLC P.O. Box 1166, 100 Pine Street Harrisburg, PA 17108-1166 Phone: 717-237-5397 Fax: 717-260-1760 E-mail: cyoung(aamwn.com BRIAN E. KENDALL, Plaintiff, V. AUTOZONE, INC., AUTOZONE STORES, INC., RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY, and LUCILLE GILMARTIN, Defendants. ")'--!LED -- Of."F1 Lc-" _[H? PROTHOI'OTA 'I I SEP 13 A 10: CUMBERLAND COUNT PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 11-6834 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendants AutoZone, Inc. and AutoZone Stores, Inc. in the above-captioned matter. McNEES W 7A CE N RICK LLC By. Charles T. Young(/Jr- Attorney I. D. N 0680 P.O. Box 1166 r100 Pine Street Harrisburg, PA 17108-1166 Phone: 717-237-5397 Fax: 717-260-1760 E-mail: cyoung(aD_mwn.com Dated: September I;k, 2011 Attorneys for Defendants AutoZone, Inc. and AutoZone Stores, Inc. CERTIFICATE OF SERVICE ? I, Charles T. Young, Jr., hereby certify that on this Ia1day of September 2011, true and correct copies of the foregoing Praecipe for Entry of Appearance were served by the means indicated below on the following persons: By U.S. Mail. Electronic Mail, and Fax George B. Faller, Jr., Esq. MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 Fax: 717-243-1850 (Attorneys for Plaintiff) By U.S. Mail and Fax Ralph F. Lafferty, Jr. 4010 South Olympic Way Salt Lake City, UT 84124-2126 Fax: 801-272-3340 By U.S. Mail and Fax Toby G. Lafferty 4010 South Olympic Way Salt Lake City, UT 84124-2126 Fax: 801-272-3340 By U.S. Mail and Fax John R. Lafferty 4010 South Olympic Way Salt Lake City, UT 84124-2126 Fax: 801-272-3340 By U.S. Mail and Fax Lucille Gilmartin 4010 South Olympic Way Salt Lake City, UT 24-21 6 Fax: 801-272840 Charles T. Young, Of Counsel to AV(oZone, Inc. and AutoZone Stores, Inc. i '' F.\FILES\Clients\14231 Kendall\14231 I replyl George B. Faller, Jr., Esquire t-; I.D. No. 49813 MARTSON DEARDORFF WILLIAM S OTTO GILROY & FALLER MARTSON LAW OFFICES -° - ` ; 10 East High Street ?' - Carlisle, PA 17013 ' (717) 243-3341 =-: Attorneys for Plaintiff r . c .o BRIAN E. KENDALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 11-6834 AUTOZONE, INC., AUTOZONE STORES,: INC., RALPH F. LAFFERTY JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY, and LUCILLE GILMARTIN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS AUTOZONE, INC., AND AUTOZONE STORES, INC. 35. Plaintiff hereby incorporates by reference the allegations in paragraphs 1 through 34 of the Complaint as set forth fully herein. 36. Denied. To the contrary, seethe averments stated in Plaintiff's Complaint. 37-40. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 41-43. Denied. To the contrary, see the averments stated in Plaintiff s Complaint. 44. Denied. To the contrary, Plaintiff, at all times, exercised reasonable care for his own safety. It is specifically denied that Plaintiff: (a) failed to maintain a proper lookout for his own safety; (b) failed to pay proper attention; and (c) failed to observe the area in which he was standing and walking. 45. Denied. To the contrary, see the averments stated in Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment in his favor as set forth in the Complaint. MART N L ES By Tr A George . Faller, Jr., E ui I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: / Attorneys for Plaintiff j?laCf?yf It, ., V• VERIFICATION The foregoing Reply to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Brian E. Kendall FAFILESUients\14231 Kendall\1423I.1.replyl AL . CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles T. Young, Jr., Esquire McNEES WALLACE & NURICK, LLC P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Adam L. Seiferth, Esquire CIPRIANI & WERNER 1011 Mumma Road Lemoyne, PA 17043-1145 MARTSO AW OFFICES By ? V'ge7 - Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 041 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN E. KENDALL, Plaintiff V. AUTOZONE, INC., AUTOZONE STORES, INC., RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY and LUCILLE GILMARTIN, CASE NUMBER: 11-6834 ISSUE NUMBER: PLEADING: L.„D REPLY TO NEW MATTER AND NEVI" MATTER PURSUANT TO Pa.R.C.P 1031.1 r- r- f" a Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY and LUCILLE GILMARTIN, Defendants. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 t . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN E. KENDALL, CASE NO: 11-6834 Plaintiff V. AUTOZONE, INC., AUTOZONE STORES, INC., RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY and LUCILLE GILMARTIN, Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANTS. RALPH F. LAFFERTY. JR.. TOBY G LAFFERTY JOHN R. LAFFERTY AND LUCILLE GILMARTIN, TO NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P.1031.1 OF DEFENDANTS. AUTOZONE INC AND AUTOSONE STORES. INC. AND NOW, come the Defendants, Ralph F. Lafferty, Jr., Toby G. Lafferty, John R. Lafferty, and Lucille Gilmartin (collectively referred to herein as "Answering Defendants"), by and through their attorneys, Cipriani & Werner, P.C., and file this Reply to New Matter and New Matter Pursuant to Pa.R.C.P. 1031.1 of Defendants, AutoZone, Inc. and AutoZone Stores, Inc. (collectively referred to herein as "AutoZone"), as follows: Reply to New Matter 35. Answering Defendants incorporate their answers to paragraphs 1 through 34 of Plaintiff's Complaint herein as though fully set forth at length in response to paragraph 35 of AutoZone's New Matter. 36. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 36 state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 36 are denied pursuant to Pa.R.C.P. 1029(e). 37. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 37 pertain to a party other than Answering Defendants and therefore, no answer is required. By way of further reply, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 37 and the same are, therefore, denied. 38. Admitted in part and denied in part. Answering Defendants admit that AutoZone does not own the business premises located at 725 North Hanover Street, Carlisle, Pennsylvania, 17013. However, it is specifically denied that AutoZone does not possess, manage and/or control the property to any degree. To the contrary, the possession, management, and/or control of the premises located 725 North Hanover Street, Carlisle, Pennsylvania is defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and AutoZone and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 39. Admitted in part and denied in part. Answering Defendants admit that AutoZone does not own the parking lot where the Plaintiff's incident allegedly occurred. However, it is specifically denied that AutoZone does not possess, manage and/or control the property to any degree. To the contrary, the possession, management, and/or control of the premises located 725 North Hanover Street, Carlisle, Pennsylvania is defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and AutoZone and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 40. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 40 state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 40 are denied pursuant to Pa.R.C.P. 1029(e). 41. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 41 and the same are therefore denied. By way of further answer, the averments contained in paragraph 41 are denied pursuant to Pa.R.C.P. 1029(e). 42. Denied as stated. The possession, management, and control of the premises located 725 North Hanover Street, Carlisle, Cumberland County, Pennsylvania are defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and Defendant, AutoZone, Inc., and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 43. Denied as stated. The possession, management, and control of the premises located 725 North Hanover Street, Carlisle, Cumberland County, Pennsylvania are defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and Defendant, AutoZone, Inc., and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 44. Admitted. 45. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 45 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 45 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants demand that this Honorable Court enter judgment in their favor and against Plaintiff without costs. Reply to New Matter Pursuant To Pa.R.C.P. 1031.1 46. Answering Defendants incorporate their Answers with New Matter to Plaintiff's Complaint and paragraphs 35 through 35 above herein as though fully set forth at length in response to paragraph 46. 47. Answering Defendants incorporate their Answers with New Matter to Plaintiff's Complaint herein as though fully set forth at length in response to paragraph 47. 48. Denied as stated. Answering Defendants admit that they owned the premises located at 725 North Hanover Street, Carlisle, Pennsylvania, 17013. However, the possession, management, and/or control of the premises located 725 North Hanover Street, Carlisle, Pennsylvania is defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and AutoZone and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 49. Admitted with clarification that the tenancy was defined, in part, by the terms of a written Lease Agreement, as amended, between Answering Defendants and AutoZone and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 50. Denied as stated. The allegations contained in paragraph 50 are an interpretation of one portion of a written document, the entirety of which speaks for itself. 51. Denied as stated. The allegations contained in paragraph 50 are an interpretation of one portion of a written document, the entirety of which speaks for itself. 52. Denied as stated. Answering Defendants admit that they owned the premises located at 725 North Hanover Street, Carlisle, Pennsylvania, 17013. However, the possession, management, and/or control of the premises located 725 North Hanover Street, Carlisle, Pennsylvania is defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and AutoZone and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 53. Denied as stated. The possession, management, and/or control of the premises located 725 North Hanover Street, Carlisle, Pennsylvania is defined, in part, by the terms of a Lease Agreement, as amended, between Answering Defendants and AutoZone and/or its parent or affiliate corporations, subsidiaries, successors, assignees or sub-lessees. 54. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 54 state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 54 are denied pursuant to Pa.R.C.P. 1029(e). 55. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 55 state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 55 are denied pursuant to Pa.R.C.P. 1029(e). 56. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 56 state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 56 are denied pursuant to Pa.R.C.P. 1029(e). 57. Denied. Answering Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 57 state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 57 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants demand that this Honorable Court enter judgment in their favor and against Plaintiff and/or AutoZone without costs. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, ES LJIKE Attorney ID# 89073 1011 Mumma Road, Sui e 20 Lemoyne, PA 17043 (717) 975-9600 Date: j ? -? ?-?11t Counsel for the Defendants, RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY and LUCILLE GILMARTIN VERIFICATION I hereby affirm that the following facts are correct: I am counsel for the Answering Defendants in the foregoing action, and I am authorized to make this verification on their behalf. I have read the attached Reply to New ` Matter and New Matter Cross Claim and verify that the information contained therein is true and correct to the best of my knowledge, information and belief. This verification is made by me instead of the Answering Defendants since the facts stated in the Reply to New Matter and New Matter Cross Claim are better known to me. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter and New Matter Cross Claim are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. L-- Date: H-01-11 ADA L. SEIFERTH, ESQ OEY Counsel for the Defendant, RALPH F. LAFFERTY, JR Y G. LAFFERTY, JOHN R. LAF and LUCILLE GILMARTIN CERTIFICATE OF SERVICE That counsel for the Defendants, RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY and LUCILLE GILMARTIN, hereby certifies that a true and correct copy of its REPLY TO NEW MATTER AND NEW MATTER CROSS CLAIM has been served on all counsel of record, by first class mail, posts pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of -dfA,?E°? , 2011. George B. Faller, Jr., Esquire, Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (Counsel for Plaintiff) Charles T. Young, Jr., Esquire McNees Wallace & Nurick, LLC. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (Counsel for Defendants, Autozone, Inc. and Autozone Stores, Inc.) Respectfully submitted, BY: CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, E ?Qulff Counsel for the Defend ts, RALPH F. LAFFERTY JR., TJOBY G. LAFFERTY, JOHN R. F RTY and LUCILLE GILMARTIN BRIAN E. KENDALL, Plaintiff, V. AUTOZONE, INC., AUTOZONE STORES, INC., RALPH F. LAFFERTY, JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY, and LUCILLE GILMARTIN, Defendants. IN THE COURT OF COMMON ev P[S OF CUMBERLAND COUNTY, PENNSYLVANIA A..? C'= 1'V NO. 11-6834 CIVIL 7 1 CIVIL ACTION - LAW . `", JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw our appearance for Defendants AutoZone, Inc. and AutoZone Stores, Inc. in the above-captioned matter. McNEES WALLACE & NURICK LLC By Charles T. Young, Jr. I.D. No. 80680 James J. Franklin I.D. No. 306458 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717-232-8000 Fax: 717-260-1784 Dated: March I , 2012 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendants AutoZone, Inc. and AutoZone Stores, Inc. in the above-captioned matter. CIPRIANI & WERNER, P.C. By Adam L. Seiferth I.D. No. 89073 1011 Mumma Ro Lemoyne, PA 17043-1145 Phone: 717-975-9600 Fax: 717-975-3846 Dated: March ate, 2012 -2- CERTIFICATE OF SERVICE That counsel for the Defendants, hereby certifies that a true and correct copy of the forgoing PRAECIPE FOR ENTRY/WITHDRAW OF APPEARANCE has been served on all counsel of record, by first class mail, postal e pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of , 2012. George B. Faller, Jr., Esquire, Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (Counsel for Plaintiffi Charles T. Young, Jr., Esquire McNees Wallace & Nurick, LLC. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ?-rlur 4. ADAM I,. SEIFERT , E Counsel for the Defendan • FAFILES1Clients \ 1 4231 Kendall\ 14231.1.pra3.wpd George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 1 - ' i t01-110,tib''). et" SE:P CUMBERLi'l i7Cu NDPCOull2W: PENNSYLVA NIA BRIAN E. KENDALL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 11-6834 : CIVIL ACTION - LAW AUTOZONE, INC., AUTOZONE STORES,: INC., RALPH F. LAFFERTY JR., TOBY G. LAFFERTY, JOHN R. LAFFERTY, LUCILLE GILMARTIN Defendants : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above -referenced matter as settled, discontinued and ended. MARTSON AW OFFICES By Geo ¶e B. Faller, Jr., Esqui I. D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 17, 2014 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Adam L. Seiferth, Esquire CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Wade D. Manley, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 MARTSON LAW OFFICES By JUt4 Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 17, 2014