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HomeMy WebLinkAbout11-80081 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC THORNTON AND MARY CIVIL DIVISION THORNTON, No. Plaintiff, V. SUSQUEHANNA SPORTS CENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/D/B/A WR GRACE PROPERTIES, Defendants. NOTICE TO DEFEND COMPLAINT James DeCinti, Esquire PA I.D. #77421 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, PA 17011 717-737-5833 JURY TRIAL DEMANDED rte Q t°7 r-t w 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 AN 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 CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. pr? 4 ? Y 2,78 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC THORNTON AND MARY CIVIL DIVISION THORNTON, No. Plaintiffs, V. COMPLAINT SUSQUEHANNA SPORTS CENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, James DeCinti, Esquire INDIVIDUALLY AND T/D/B/A WR GRACE PA I.D. #77421 PROPERTIES, PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. Defendants. 4000 Market Street Camp Hill, PA 17011 717-737-5833 JURY TRIAL DEMANDED No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC THORNTON AND MARY THORNTON, CIVIL DIVISION No. Plaintiffs, V. JURY TRIAL DEMANDED SUSQUEHANNA SPORTS CENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/DB/A WR GRACE PROPERTIES, Defendants COMPLAINT Plaintiffs Eric Thornton and Mary Thornton are husband and wife, adult individuals residing in Cumberland County, Pennsylvania. 2. Defendant Susquehanna Sport Center, Inc. is a Pennsylvania Business Corporation registered and doing business in Pennsylvania located at 1001 Bosler Avenue, Lemoyne, Cumberland County, PA 17043. 3. WR Grace Properties is a Pennsylvania Business entity with an address of P.O. Box 301, New Cumberland, Cumberland County, PA 17070. 4. Defendants William Grace and Elizabeth Grace, are husband and wife, adult individuals residing in Cumberland County, Pennsylvania, trading and doing business as WR Grace Properties. It is believed and therefore averred that Susquehanna Sports Center, Inc. operates an indoor sports complex located at 1001 Bosler Avenue, Lemoyne, Cumberland County, PA. 2 No. 6. On information and belief, Defendant Susquehanna Sports Center, Inc. owns and/or leases the building and facilities located at that address. 7. On information and belief, WR Grace Properties and/or William Grace and Elizabeth Grace, individually and/or trading and doing business as WR Grace properties own and/or lease the building and facilities located at that address. The incident giving rise to this claim occurred on or about October 28, 2009 inside the Susquehanna Sports Center Complex, located at 1001 Bosler Avenue, Lemoyne, PA. 9. At that time and place, Plaintiff Eric Thornton was inside the sports center as part of a rental of the indoor turf facilities and coaching with a local youth football program. 10. As such, Eric Thornton was a business invitee on the property of the Defendants. 11. At that time and place, while on the property of the Defendants, Plaintiff Eric Thornton was caused to trip and fall on the negligently maintained turf surface, thereby causing serious personal injuries as hereinafter related. COUNTI PLAINTIFFS v. DEFENDANT SUSOUEHANNA SPORTS CENTER, INC. 12. Paragraphs 1 through 11 of this Complaint are incorporated herein as if fully set forth at length. 13. Defendant Susquehanna Sports Center, Inc., was negligent in the maintenance and operation of its facilities as follows: a. Failing to properly maintain the surface of the turf field where Plaintiff Eric Thornton, was a business invitee; b. Failing to inspect the area of its facilities where Plaintiff Eric Thornton was participating in a sporting activity as a business invitee; 3 No. C. Failing to warn persons such as Plaintiff Eric Thornton, about the dangerous conditions of its facilities, specifically the dangerous condition of the turf field; d. Failing to take the necessary steps to ensure that the turf surface of its indoor facilities was safe and free of dangerous defects for persons such as Plaintiff Eric Thornton; and e. Creating a dangerous conditions and/or allowing said danger to remain on their premises to the detriment of persons such as Plaintiff Eric Thornton. 14. The aforesaid negligence of the Defendant Susquehanna Sports Center, Inc., was the proximate cause of the injuries suffered by Plaintiff Eric Thornton. 15. As a direct and proximate result of the negligence of the Defendant Susquehanna Sports Center, Inc., Plaintiff, Eric Thornton, sustained painful and serious injuries, as hereinafter related. COUNT II PLAINTIFFS v. WR GRACE PROPERTIES 16. Paragraphs 1 through 15 of this Complaint are incorporated herein as if fully set forth at length. 17. Defendant Susquehanna Sports Center, Inc., was negligent in the maintenance and operation of its facilities as follows: a. Failing to properly maintain the surface of the turf field where Plaintiff Eric Thornton, was a business invitee; b. Failing to inspect the area of its facilities where Plaintiff Eric Thornton was participating in a sporting activity as a business invitee; 4 No. C. Failing to warn persons such as Plaintiff Eric Thornton, about the dangerous conditions of its facilities; specifically the dangerous condition of the turf field; d. Failing to take the necessary steps to ensure that the turf surface of its indoor facilities was safe and free of dangerous defects for persons such as Plaintiff Eric Thornton; and e. Creating a dangerous conditions and/or allowing said danger to remain on their premises to the detriment of persons such as Plaintiff Eric Thornton. 18. The aforesaid negligence of the Defendant WR Grace Properties. was the proximate cause of the injuries suffered by Plaintiff Eric Thornton. 19. As a direct and proximate result of the negligence of the Defendant, WR Grace Properties, Inc. Plaintiff Eric Thornton, sustained painful and serious injuries, as hereinafter related. COUNT III PLAINTIFFS v. WILLIAM GRACE AND ELIZABETH GRACE. INDIVIDUALLY AND T/DB/A WR GRACE PROPERTIES 20. Paragraphs 1 through 19 of this Complaint are incorporated herein as if fully set forth at length. 21. Defendant Susquehanna Sports Center, Inc., was negligent in the maintenance and operation of its facilities as follows: a. Failing to properly maintain the surface of the turf field where Plaintiff Eric Thornton, was a business invitee; 5 No. b. Failing to inspect the area of its facilities where Plaintiff Eric Thornton was participating in a sporting activity as a business invitee; C. Failing to warn persons such as Plaintiff Eric Thornton, about the dangerous conditions of its facilities, specifically the dangerous condition of the turf field; d. Failing to take the necessary steps to ensure that the turf surface of its indoor facilities was safe and free of dangerous defects for persons such as Plaintiff Eric Thornton; and e. Creating a dangerous conditions and/or allowing said danger to remain on their premises to the detriment of persons such as Plaintiff Eric Thornton. 22. The aforesaid negligence of the Defendant William Grace and Elizabeth Grace, Individually and t/d/b/a WR Grace Properties was the proximate cause of the injuries suffered by Plaintiff Eric Thornton. 23. As a direct and proximate result of the negligence of the Defendant, William Grace and Elizabeth Grace, Individually and t/d/b/a WR Grace Properties, Plaintiff, Eric Thornton, sustained painful and serious injuries, as hereinafter related. CLAIM I ERIC THORNTON v. ALL DEFENDANTS 24. Paragraphs 1 through 23 of this Complaint are incorporated herein as if fully set forth at length. 25. As a direct and proximate result of the negligence of the defendants as herein stated, Plaintiff Eric Thornton sustained painful and serious personal injuries, including but not 6 No. limited to left sided rib fracture, fracture of the fiberal head at the right knee, and low back pain secondary to changes in gait related to the knee. 26. AS a direct and proximate result of the negligence of the Defendnats and on account of the injuries sustained, Plaintiff, Eric Thornton has and in the future will be obligated to expend monies for medicine and other medical care in order to treat these injuries and claim is made therefore. 27. As a direct and proximate result of the negligence of the Defendants and the injuries sustained by Plaintiff, Eric Thornton, Plaintiff has and will in the future be unable to attend to his usual daily duties in employment and claim is made therefore. 28. As a direct and proximate result of the negligence of the Defendants and their injuries caused thereby, Plaintiff, Eric Thornton has undergone great physical pain and mental anguish and has suffered a loss of enjoyment of life's pleasures and will continue to endure said losses for an indefinite period of time into the future and claim is made therefore. 29. As a direct and proximate result of the negligence of the Defendants and the inquires caused thereby, Plaintiff Eric Thornton has suffered a loss of wages as well as a loss of his earning power and potential and claim is made therefore. WHEREFORE, Plaintiff, Eric Thornton hereby demands judgment against the Defendants in an amount in excess of $50,000 exclusive of interest and cost and in excess of any amount requiring compulsory arbitration and any such and further relief as this Court may deem just and proper. 7 No. CLAIM II MARY THORNTON v. ALL DEFENDANTS 30. Paragraphs 1 through 29 of this Complaint are incorporated herein as if fully set forth at length. 31. Plaintiff Mary Thornton is the wife of Plaintiff Eric Thornton. 32. As a result of the negligence of the Defendants as set forth above, and the injuries caused to her husband, Plaintiff, Mary Thornton has been in the past and will be in the future deprived of the comfort, society, services and consortium of her husband, all to her detriment and loss, and claim is made therefore. WHEREFORE, Plaintiff, Mary Thornton hereby demands judgment against the Defendants in an amount in excess of $50,000 exclusive of interest and cost and in excess of any amount requiring compulsory arbitration and any such and further relief as this Court may deem just and proper. Respectfully submitted: PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. James DeCinti, Esquire 355 North 21st Street, Suite 102 Camp Hill, PA 17011 717-737-5833 Counsel for Plaintiffs 8 No. VERIFICATION I, Eric Thornton, have read the foregoing Complaint. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Eric rnton DATED ?? l No. VERIFICATION I, Mary Thornton, have read the foregoing Complaint. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ary Thornton DATED b ?? Z o 1 ERIC THORNTON AND MARY IN THE COURT OF COMMON PLEAS THORNTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 11-8008 CIVIL TERM SUSQUEHANNA SPORTS CENTER, INC., WR GRACE PROPERTIES, rn WILLIAM GRACE AND ELIZABETH = - GRACE, INDIVIDUALLY AND ? `. co T/D/B/A WR GRACE PROPERTIES, -, Defendants CIVIL ACTION - LAW F3 cD c - ?' PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stephanie E. DiVittore, Angela McGowan and Rhoads & Sinon LLP as counsel on behalf of Defendant Susquehanna Sports Center, Inc. in this action. Respectfully submitted, By: RHOADS & SINON LLP Stephanie E. DiVittore Angela McGowan One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Susquehanna Sports Center, Inc. 830060.1 CERTIFICATE OF SERVICE I hereby certify that on this day of November, 2011, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: James DeCinti, Esquire Pion, Johnston, Nerone, Girman, Clements & Smith, P.C. 355 North 21S` Street, Suite 102 Camp Hill, PA 17011 WR Grace Properties William Grace and Elizabeth Grace P.O. Box 301 New Cumberland, PA 17043 Dara Whistler 2 r iJJ =7 fCT J i ?' t. 4 .r MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire pl r; 5 yr , UNT ID# 73632 11A 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties ERIC THORNTON and MARY THORNTON Plaintiffs vs. SUSQUEHANNA SPORTS CCENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE and ELIZABETH GRACE, individually and t/d/b/a WR GRACE PROPERTIES Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties in the above captioned case. MARSHALL DENNEHEY WARNER COLEMAN-& GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendants ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: November 7, 2011 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties ERIC THORNTON and MARY THORNTON Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 VS. SUSQUEHANNA SPORTS CCENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE and ELIZABETH GRACE, individually and t/d/b/a WR GRACE PROPERTIES Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on November 7, 2011, I served a copy of Defendants WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties' Entry of Appearance via First Class United States mail, postage prepaid as follows: James DeCinti, Esquire Pion Johnston Nerone Girman Clements & Smith, PC 4000 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Susquehanna Sports Centers, Inc. 1001 Bosler Avenue Lemoyne, PA 17043 Defendant L Christopher M. Reeser ERIC THORNTON AND MARY IN THE COURT OF COMMON PLEAS THORNTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 11-8008 CIVIL TERM SUSQUEHANNA SPORTS CENTER, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/DB/A WR GRACE PROPERTIES, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD -- L ry iv To: Plaintiffs Eric and Mary Thornton c/o James DeCinti, Esquire Pion, Johnston, Nerone, Girman, Clements & Smith, P.C. 355 North 21S` Street, Suite 102 Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. By: Respectfully submitted, RHOADS & SINON LLP Stephanie E. DiVittore, Esquire Angela McGowan, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Susquehanna Sports Center, Inc. Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 Angela McGowan, Esquire Attorney I.D. No. 206890 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Susquehanna Sports Centers, Inc. ERIC THORNTON AND MARY THORNTON, Plaintiffs V. SUSQUEHANNA SPORTS CENTER, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/DB/A WR GRACE PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8008 CIVIL TERM CIVIL ACTION - LAW ANSWER & NEW MATTER OF SUSQUEHANNA SPORTS CENTER INC. WITH CROSSCLAIM NOW COMES Defendant Susquehanna Sports Centers, Inc. ("Susquehanna Sports"), through its attorneys, Rhoads & Sinon LLP, and files the following Answer and New Matter with Crossclaim as follows: 1. Admitted based on information and belief. 2. Admitted. 3. Admitted based on information and belief. 4. Admitted based on information and belief. 830055.1 5. Admitted. 6. Denied as stated. It is admitted that Susquehanna Sports leases the building and facilities located at 1001 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. The remaining allegations of this Paragraph are specifically denied, and specific proof of these allegations is demanded at the time of trial in this matter. 7. Admitted based on information and belief. 8. Denied. Susquehanna Sports is without knowledge sufficient to admit or deny the allegations in Paragraph 8, thus the same are denied. 9. Denied. Susquehanna Sports is without knowledge sufficient to admit or deny the allegations in Paragraph 9, thus the same are denied. 10. The allegations of Paragraph 10 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. 11. Denied as stated. It is specifically denied that the turf surface or other condition at the property in question was negligently maintained or otherwise in disrepair, and specific proof of these allegations is demanded at the time of trial in this matter. Susquehanna Sports is without knowledge sufficient to admit or deny the remaining allegations in Paragraph 11, thus the same are denied. COUNTI PLAINTIFFS v. DEFENDANT SUSOUEHANNA SPORTS CENTER, INC 12. Susquehanna Sports incorporates herein by reference its responses in Paragraphs 1 through 11 above. -2- 13. Denied. It is specifically denied that Susquehanna Sports was negligent in the maintenance or operation of its facilities, and specific proof of these allegations is demanded at the time of trial in this matter. The allegations of Paragraph 13 are further specifically denied as follows: (a) Denied. It is specifically denied that Susquehanna Sports failed to properly maintain the surface of the turf field. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 13(a) constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. (b) Denied. It is specifically denied that Susquehanna Sports failed to inspect its facilities. It is also specifically denied that Eric Thornton was participating in a sporting activity and specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 13(b) constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. (c) Denied. It is specifically denied that a dangerous condition existed at Susquehanna Sports' facilities. It is also specifically denied that the turf field constituted a dangerous condition. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 13(c) constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. (d) Denied. It is specifically denied that the turf surface of Susquehanna Sports' indoor facilities was unsafe or contained a dangerous defect, and specific proof of these allegations is demanded at the time of trial in this matter. (e) Denied. It is specifically denied that Susquehanna Sports created a dangerous condition or allowed a danger to remain on its premises. It is further specifically denied that Plaintiff Eric Thornton was injured as a result of any condition caused by Susquehanna Sports. Specific proof of these allegations is demanded at the time of trial in this matter. 14. The allegations of Paragraph 14 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. 15. Denied as stated. It is specifically denied that Plaintiff Eric Thornton sustained painful or serious injuries, and specific proof of these allegations is demanded at the time of trial -3- in this matter. The remaining allegations of Paragraph 15 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. COUNT II PLAINTIFFS v. WR GRACE PROPERTIES 16. Susquehanna Sports incorporates herein by reference its responses in Paragraphs 1 through 15 above. 17. The allegations of Paragraph 17 are directed to a non-responding Defendant and thus no answer is required. To the extent an answer is deemed appropriate, the same are denied. 18. The allegations of Paragraph 18 are directed to a non-responding Defendant and thus no answer is required. To the extent an answer is deemed appropriate, the same are denied. 19. The allegations of Paragraph 19 are directed to a non-responding Defendant and thus no answer is required. To the extent an answer is deemed appropriate, the same are denied. COUNT III PLAINTIFFS v. WILLIAM GRACE AND ELIZABETH GRACE INDIVIDUALLY AND T/DB/A WR GRACE PROPERTIES 20. Susquehanna Sports incorporates herein by reference its responses in Paragraphs 1 through 19 above. 21. The allegations of Paragraph 21 are directed to a non-responding Defendant and thus no answer is required. To the extent an answer is deemed appropriate, the same are denied. 22. The allegations of Paragraph 22 are directed to a non-responding Defendant and thus no answer is required. To the extent an answer is deemed appropriate, the same are denied. 23. The allegations of Paragraph 23 are directed to a non-responding Defendant and thus no answer is required. To the extent an answer is deemed appropriate, the same are denied. -4- COUNT IV PLAINTIFFS v. ALL DEFENDANTS 24. Susquehanna Sports incorporates herein by reference its responses in Paragraphs 1 through 23 above. 25. Denied. It is specifically denied that Plaintiff Eric Thornton sustained painful or serious personal injuries, or that he suffered a left sided rib fracture, fracture of the fiberal head at the right knew, or low back pain secondary to changes in gait related to the knee. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 25 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. 26. Denied. It is specifically denied that Plaintiff Eric Thornton sustained injuries, has or in the future will be obligated to expend monies for medicine or other medical care to treat any injuries. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 26 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. 27. Denied. It is specifically denied that Plaintiff Eric Thornton sustained injuries, has or will in the future be unable to attend to his usual daily duties in employment. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 27 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. 28. Denied. It is specifically denied that Plaintiff Eric Thornton sustained injuries, has undergone great physical pain or mental anguish, suffered a loss of enjoyment of life's pleasures or will continue to endure any loss for any period of time into the future. Specific -5- proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 28 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. 29. Denied. It is specifically denied that Plaintiff Eric Thornton sustained injuries, suffered a loss of wages or a loss of his earning power. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 29 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. WHEREFORE Defendant Susquehanna Sports Center, Inc. respectfully requests that this Court dismiss Plaintiffs' claims and award Susquehanna Sports its costs, including reasonable attorneys' fees along with any other relief that this court deems appropriate. CLAIM II MARY THORNTON v. ALL DEFENDANTS 30. Susquehanna Sports incorporates herein by reference its responses in Paragraphs 1 through 29 above. 31. Admitted based on information and belief. 32. Denied. It is specifically denied that Plaintiff Eric Thornton sustained injuries or that Plaintiff Mary Thornton has in the past, or will in the future be deprived of the comfort, society, services or consortium of her husband. Specific proof of these allegations is demanded at the time of trial in this matter. The remaining allegations of Paragraph 32 constitute legal conclusions to which no response is required. To the extent a response is deemed appropriate, the same are denied. -6- NEW MATTER 33. Susquehanna Sports was not responsible for maintaining the property upon which Plaintiff fell. 34. At all relevant times, Susquehanna Sports has acted in a manner consistent with and according to its obligations under Pennsylvania law and, accordingly, Plaintiffs have no claim for damages against Susquehanna Sports. 35. Any damages sustained by Plaintiff were as a direct result of Plaintiff's own acts or omissions and/or as a result of the acts or omissions of third parties or conditions which were beyond the control of Susquehanna Sports. 36. Susquehanna Sports has no liability to Plaintiffs for any alleged damages, losses, claims or expenses of any nature allegedly incurred or sustained by Plaintiffs. 37. Any damages, losses, claims or expenses alleged by Plaintiffs were caused in whole or in part by Plaintiffs' comparative and contributory negligence. 38. Plaintiffs' injuries were caused in whole or in part by the negligent actions of a third party separate and apart from Susquehanna Sports. 39. At all relevant times, Susquehanna Sports acted properly and in a non-negligent fashion with respect to maintenance of the facilities property, including the turf fields. 40. Plaintiffs' claims are barred by estoppels. 41. Plaintiffs' claims are barred by the hills and ridges doctrine. 42. Plaintiffs' claims are barred by the doctrine of assumption of the risk. 43. Plaintiffs' claims are barred by laches. -7- 44. Plaintiffs' claims are barred by waiver. 45. Plaintiffs' claims are barred by the statute of limitations. WHEREFORE Defendant Susquehanna Sports respectfully requests that this Court dismiss Plaintiffs' claims and award Susquehanna Sports costs, including reasonable attorneys' fees along with any other relief that this court deems appropriate. By: Respectfully submitted, RHOADS & SINON LLP Stephanie DiVittore, Esquire Angela McGowan, Esquire Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Susquehanna Sports Center, Inc. -8- CERTIFICATE OF SERVICE I hereby certify that on this day of November, 2011, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: James DeCinti, Esquire Pion, Johnston, Nerone, Girman, Clements & Smith, P.C. 355 North 21s` Street, Suite 102 Camp Hill, PA 17011 WR Grace Properties William Grace and Elizabeth Grace P.O. Box 301 New Cumberland, PA 17043 D ra Whistler 1 i ?p? ff. . "' 1 t ,llP, ! C ri1 J r f r 1bzRLA',° D COU T',-' at-NSYL' ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC THORNTON AND MARY THORNTON, CIVIL DIVISION Plaintiff, 2011-8008 V. SUSQUEHANNA SPORTS CENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/D/B/A WR GRACE PROPERTIES Filed on behalf of Plaintiffs, ERIC THORNTON AND MARY THORNTON Counsel of record for these parties: Defendants. James DeCinti, Esquire PA I.D. # PA 77421 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 355 North 21St Suite 102 Camp Hill PA 17011 Tele: 717-737-5833 Email: jdecinti@pionjohnston.com JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC THORNTON AND MARY CIVIL DIVISION THORNTON, Plaintiff, 2011-8008 V. SUSQUEHANNA SPORTS CENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/DB/A WR GRACE PROPERTIES, Defendants. PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT SUSQUEHANNA SPORTS CENTER. INC. AND NOW, come the Plaintiffs, ERIC THORNTON AND MARY THORNTON, by and through their attorneys, PION, JOHNSTON, NERONE, CLEMENTS, and SMITH, P.C, and James DeCinti, Esquire, and hereby file the instant reply to New Matter of Defendants Susquehanna Sports Center Inc. as follows: 33.45. The allegations contained in these paragraphs of Defendant Susquehanna Sports Center, Incorporated's New Matter are conclusion of act and/or law to which no response is required. To the extent that a response is deemed required, these allegations are specifically denied and strict proof is demanded at the time of trial. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against all defendants together with interest, attorneys fees, costs and all such other remedies as this court deems just and proper. Respectfully Submitted, PION, JOHNSTON, NERONE, GIRMAN, CLEMEN S & SMITH, P.C. By: James inti, Esquire Attorney I.D. # 77421 355 North 21st Suite 102 Camp Hill PA 17011 Tele: 717-737-5833 Email: jdecinti@pionjohnston.com 2 CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing REPLY TO DEFENDANT SUSQUEHANNA SPORTS, INC.' NEW MATTER was served upon counsel of record by Electronic Mail, this 17th day of November, 2011, as follows: Christopher Reeser, Esquire Marshall, Dennehey, Warner, Coleman &Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 cmreeser@mdwcg.com Stephanie E. DiVittore, Esquire Rhoads & Sinon One South Market Square, 12th FI PO Box 1146 Harrisburg PA 17108 sdivittore@rhoads-sinon.com John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043 jas@jdsw.com PION, JO STON, NERONE, GIRMAN, CLEMEN & SMITH, P.C. By: James inti, Esquire Attorney I.D. # 77421 355 North 21st Suite 102 Camp Hill PA 17011 Tele: 717-737-5833 Email: jdecinti@pionjohnston.com -'+'nTHO,,, T? f ?.nl ? ? 15e?.t. J Li 161•?kl? ? ? ,a i ., .r1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties ERIC THORNTON and COURT OF COMMON PLEAS MARY THORNTON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 11-8008 VS. SUSQUEHANNA SPORTS CCENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE: and ELIZABETH GRACE, individually and t/d/b/a WR GRACE PROPERTIES Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS WR GRACE PROPERTIES, WILLIAM GRACE AND ELIZABETH GRACE, INDIVIDUALLY AND T/D/B/A WR GRACE PROPERTIES' MOTION TO DISMISS PARTIES AND AMEND THE CAPTION BY STIPULATION 1. Plaintiffs filed a lawsuit against the presently named defendants on or about October 21, 2011. 2. The parties have stipulated and agreed to the following: 1 a. Defendant WR Grace Properties shall be dismissed from this action without prejudice. b. To the extent that defendants William Grace and Elizabeth Grace trade and/or do business as WR Grace Properties, reference to WR Grace Properties shall be removed from the caption. c. William Grace and Elizabeth Grace are proper parties to this action to the extent that they do own the property located at 1001 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043, where defendant Susquehanna Sports Center, Inc. conducts business. d. The caption shall be amended to state as follows: ERIC THORNTON and COURT OF COMMON PLEAS MARY THORNTON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. SUSQUEHANNA SPORTS CCENTERS, INC., WILLIAM GRACE: and ELIZABETH GRACE, No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants 3. The parties' Stipulation is attached hereto as Exhibit A. 4. Defendants request that this Court enter an Order dismissing this action as to the parties referenced above and amend the caption as referenced above. WHEREFORE, Defendants request this Honorable Court grant its Motion and enter the attached proposed Order. Respectfully submitted, MARSHALL DENNEHEY WARNER 2 COLEMAN-&GOGGIN By: C per M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: December 19, 2011 EXHIBIT A MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties ERIC THORNTON and MARY THORNTON Plaintiffs VS. . SUSQUEHANNA SPORTS CCENTERS, INC., WR GRACE PROPERTIES, WILLIAM GRACE and ELIZABETH GRACE, individually and t/d/b/a WR GRACE PROPERTIES Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION The parties hereby Stipulate and Agree as follows: 1. Defendant WR Grace Properties is dismissed from this action without prejudice. 2. To the extent that the caption states that defendants William Grace and Elizabeth Grace trade and do business as WR Grace Properties; reference to WR Grace Properties shall be removed from the caption. 3. William Grace and Elizabeth Grace are proper parties to this action to the extent that they do own the property located at 1001 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043, where defendant Susquehanna Sports Centers, Inc. conducts business. 4. The caption shall be amended to state as follows: ERIC THORNTON and MARY THORNTON Plaintiffs VS. SUSQUEHANNA SPORTS CENTERS, INC., WILLIAM GRACE and ELIZABETH GRACE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION - LAW Defendants 5. This Stipulation shall be attached to an uncontested motion filed by defendants William Grace and Elizabeth Grace so that the Court may enter an Order amending the caption consistent with the Stipulation. Pion Johnston Nerone Girman Marshall Dennehey Warner Cleme & Smith, PC Coleman & oggin By: By: James DeCinti, Esquire Christopher M. Reeser, Esquire 4000 35S N^ 75t 4200 Cr ms Mill Road Camp Hill, PA 17011 d 1 ?? (D - Harrisburg, PA 1712 Attorney for Plaintiffs Attorney for Defendants Grace Rhoads & Sinon, LLP $y: Stephanie E. DiVittore, Esquire One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant Susquehanna Sports Center MARSHALL DENNEHE By: Christopher M. Re ID# 73632 4200 Crums Mill Road, S Harrisburg, PA 17112 717-651-3509 Our File No. 13571-0011 Attorney for Defendants and t/d/b/a WR Grace Pro 'WARNER COLEMAN & GOGGIN ser, Esquire B Grace Properties, William Grace and Elizabeth Grace, individually ERIC THORNTON and MARY THORNTON VS. SUSQUEHANNA SPOR S CCENTERS, INC., WR RACE PROPERTIES, WILLIA GRACE: and ELIZABETH GRAC individually and t/d/b/a R GRACE PROPERTIES Dei e ndants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this day of a L , 20 , upon consideration of Defendants WR Grace Properties, William Grace and Elizabeth Grace, individually and t/d/b/a WR Grace Properties' Motion and attached Stipulation indicating that the Motion is uncontested, said Motion is hereby GRANTED. Plaintiffs' claims against WR Grace Properties are dismissed without prejudice. Any reference to WR Grace Properties shall be removed from the caption. 1 Y Per the Stipulation of the parties, IT IS FURTHER ORDERED that the caption shall be amended to state as follows: ERIC THORNT?N and MARY THORN ON Plaintiffs Vs. SUSQUEHANNA SPORTS CCENTERS, IN C., WILLIAM GRACE: and ELIZABETH GRACE, Distribution List: VJames DeCinti, Esquire Pion Johnston Nerone Gin Clements & Smith, PC 355 North 21St Street, Suite Camp Hill, PA 17011 Attorney for Plaintiff i/ Stephanie E. DiVittore, Esq Rhoads & Sinon, LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-114( Attorneys for Defendant Susquehanna Sports Center; Christopher M. Reeser, Esq Marshall Dennehey Warner 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendants William and Elizabeth Grac WR Grace Properties Defendants 02 Inc. & Goggin and COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED By the Court: J. x z= car- ? -,r` rn r r" -?4 'C 'n D co a1 -mot r©s? 7J3 2 ,?.-l C`-} i -?' ??? .., FILE p A'R`( OF P R PM 3= 30 112 JUL I T'r CUi SYLV Jut 1 << 0TnNOTA 2012 AUG -2 PM 2'. 13 U PENNSYLVANiA?TY MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants William Grace and Elizabeth Grace Properties ERIC THORNTON and MARY THORNTON Plaintiffs vs. SUSQUEHANNA SPORTS CENTERS, INC., WILLIAM GRACE: and ELIZABETH GRACE, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO DISMISS WILLIAM GRACE AND ELIZABETH GRACE BY STIPULATION The parties hereby Stipulate and Agree as follows: 1. Defendants William Grace and Elizabeth Grace are dismissed from this action without prejudice. 2. The caption shall be amended to stated as follows: Page 1 of 4 a,%1.aq. P1 a Sal ?7&? ERIC THORNTON and MARY THORNTON Plaintiffs By: vs. SUSQUEHANNA SPORTS : CENTERS, INC., Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL` No. 11-8008 CIVIL ACTION - LAW JURY TRIAL DEMANDED 3. This Stipulation shall be attached to an uncontested motion filed by Defendants William Grace and Elizabeth Grace so that the Court may enter an Order amen( the caption consistent with the Stipulation. 4. This Stipulation may be executed in counterparts. Pion Johnston Nerone Girman Cle nts & Smith, C J s DeCinti, Esquire 355 North 21st Street, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiffs f ANIA Page 2 of 4 Rhoads & Sinon, LLP By: `a 3 " V 1'#T Y Stephanie E. DiVittore, Esquire One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant Susquehanna Sports Center Page 3 of 4 Marshall Denne Warner Coleman & Goggin By: Christopher M. Reeser, Esquire 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendants Grace Page 4 of 4 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants William Grace and Elizabeth Grace Properties ERIC THORNTON and COURT OF COMMON PLEAS MARY THORNTON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 11-8008 vs. SUSQUEHANNA SPORTS CIVIL ACTION - LAW CENTERS, INC., : WILLIAM GRACE: : and ELIZABETH GRACE, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do certify that on July 26, 2012, I served a copy of Stipulation to Dismiss William Grace and Elizabeth Stipulation via First Class United States mail, postage prepaid as follows: James DeCinti, Esquire Pion Johnston Nerone Girman Clements & Smith, PC 355 North 21S` Street, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Stephanie E. DiVittore, Esquire Angela McGowan, Esquir Rhoads & Sinon, LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant Sjwgnri anna Sports Centers, Inc. Chbsttfher M. Reeser by -,t ~, r ~~1z~~~2p P °~~~ ~. "Ur~1~ERC ~ 2' 29 ~'EtdMS Y~ ~ ~lq~ ~ ~, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants WR Grace Properties, William Grace and Elizabeth Grace, and t/d/b/a WR Grace Properties ERIC THORNTON and MARY THORNTON Plaintiffs vs. SUSQUEHANNA SPORTS CENTERS, INC., WILLIAM GRACE and ELIZABETH GRACE, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION -LAW JURY TRIAL DEMANDED AND AMEND THE CAPTION BY STIPULATION 1. Plaintiffs filed a lawsuit against the Defendants on or about October 21, 2011. 2. The parties have stipulated and agreed to the following: a. Defendants William Grace and Elizabeth Grace are dismissed from this without prejudice. b. The caption shall be amended to state as follows: Y 1 ERIC THORNTON and MARY THORNTON Plaintiffs vs. SUSQUEHANNA SPORTS CENTERS, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION -LAW JURY TRIAL DEMANDED 3. The parties' Stipulation is attached hereto as Exhibit A. 4. Defendants William Grace and Elizabeth Grace request that this Court: (1) enter an Order dismissing this action as to the parties referenced above; (2) direct the Prothonotary to amend the caption as referenced above. WHEREFORE, Defendants William Grace and Elizabeth Grace request this Court grant their Motion and enter the attached proposed Order. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN ---~ By: Chn er M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: August 17, 2012 2 EXHIBIT A r: ~JFF~~:t ~= tL~ ~.~~~~q"f A~', ~~ ~~ i3 2~ 201 pUG _2 ~~ .~,~ ~~~'~E~~sYi~~~v~ ~~~~ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants William Grace and Elizabeth Grace Properties ___ ERIC THORNTON and COURT OF COMMON PLEAS MARY THORNTON CUMBERLAND COUNTY, PENNSYLV Plaintiffs No 11-8008 vs. SUSQUEHANNA SPORTS CIVIL ACTION -LAW CENTERS, INC., WILLIAM GRACE: and ELIZABETH GRACE, JURY TRIAL DEMANDED Defendants STIPULATION The parties hereby Stipulate and Agree as follows: 1. Defendants William Grace and Elizabeth Grace are dismissed from this action without prejudice. 2. The caption shall be amended to stated as follows: Page 1 of 4 ERIC THORNTON and COURT OF COMMON PLEAS MARY THORNTON CUMBERLAND COUNTY, PENNSY VANIA Plaintiffs No. 11-8008 vs. SUSQUEHANNA SPORTS : CIVIL ACTION -LAW CENTERS, INC., JURY TRIAL DEMANDED Defendant 3. This Stipulation shall be attached to an uncontested motion filed by Defendants William Grace and Elizabeth Grace so that the Court may enter an Order amendi g the caption consistent with the Stipulation. 4. This Stipulation may be executed in counterparts. By: Pion Johnston Nerone Girman Cle nts & Smith, C 7/~g~~v J s DeCinti, Esquire 355 North 21st Street, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiffs Page 2 of 4 Rhoads & Sinon, LLP Stephanie E. DiVittore, Esquire One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant Susquehanna Sports Center Page 3 of 4 Marshall Denne Warner Coleman & Goggin By: Christopher M. Reeser, Esquire 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendants Grace Page 4 of 4 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3 509 Our File No. 13571-00117 Attorney for Defendants William Grace and Elizabeth Grace Properties ERIC THORNTON and COURT OF COMMON PLEAS MARY THORNTON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 11-8008 vs. SUSQUEHANNA SPORTS CENTERS, INC., WILLIAM GRACE: and ELIZABETH GRACE, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do certify that on August 17, 2012, I served a copy of Motion to Dismiss William Grace and Elizabeth Stipulation and Amend the Caption via First Class United States mail, postage prepaid as follows: James DeCinti, Esquire Pion Johnston Nerone Girman Clements & Smith, PC 355 North 21S` Street, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Stephanie E. DiVittore, Esquire Angela McGowan, Esquir Rhoads & Sinon, LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant Su~q~el~anna Sports Centers, Inc. by by Chri~Iier M. Reeser MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13571-00117 Attorney for Defendants WR Grace Properties, William Grace and Elizabeth Grace, indivi and t/d/b/a WR Grace Properties ERIC THORNTON and MARY THORNTON Plaintiffs vs. SUSQUEHANNA SPORTS CENTERS, INC., WILLIAM GRACE and ELIZABETH GRACE, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-8008 CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER ~1 AND NOW this ~ 3 _ day of ~ ~ q Sf ~ , 2012, upon consideration Defendants William Grace and Elizabeth Grace's Motion and attached Stipulation indicating 1 the Motion is uncontested, said Motion is hereby GRANTED. Plaintiffs' claims against Williams Grace and Elizabeth Grace are dismissed without prejudice. The Prothonotary is directed that William Grace and Elizabeth Grace's name shall be removed from the caption that the caption shall be amended to state as follows: Y 1 t ERIC THORNTON and MARY THORNTON Plaintiffs vs. SUSQUEHANNA SPORTS CENTERS, INC., Defendant Distribution List: James DeCinti, Esquire Pion Johnston Nerone Girman Clements & Smith, PC 355 North 21S' Street, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Stephanie E. DiV ittore, Esquire Rhoads & Sinon, LLP One South Market Square PO Box 11.46 Harrisburg, PA 17108-1146 Attorneys for Defendant Susquehanna Sports Centers, Inc. /Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendants William and Elizabeth Grace ,~'L~ 2 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV No. 11-8008 CIVIL ACTION -LAW JURY TRIAL DEMANDED By the Court: ~~ ~h Z -..~ --- ...r° N s. G N i ~- _~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ERIC T 4ORNTON AND MARY THORNTON Plaintiff NO.8008 -<> C:� CD r—=' SUSQUEHANNA SPORTS CENTERS,INC., ' i C.'- Defendant ,. N RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the^; ` Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,THE JUDGES OF SAID COURT: James DeCinti,Esquire , counsel for the plai d*i3daw in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 4:28, 2. The claim of plaintiff in the action is$unliquidated personal injury claims om' b CIeN /3 The counterclaim of the defendant in the action is none 2 a$QO�ca The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Stephanie E.DiVittore,Esquire,Rhoads& Sinon,One South Market Square,12th Fl,Harrisburg PA 17108 James DeCinti,Esquire,Pion,Johnston,Nerone,Girman,Clements&Smith,355 N.21st Street,Suite 102,Camp Hill,PA 17011 WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitt ORDER OF COURT AND NOW, ,200 , in consideration of the foregoing petition, Esq.,and Esq., and Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, Kevin A.Hess,P.J. CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing Petition for Appointment o Arbitrators was served upon counsel of record by Electronic Mail,this day of March, 2013, as follows: Stephanie E. DiVittore, Esquire Rhoads& Sinon One South Market Square, 12th Fl PO Box 1146 Harrisburg PA 17108 sdivittore@rhoads-sinon.com PION, JOHN TON,NERONE, GIRMAN, CLEMENT & SMITH, P.C. By: James De inti, Esquire Attorney I.D. # 77421 355 North 21st Suite 102 Camp Hill PA 17011 Tele: 717-737-5833 Email: jdecinti @pionjohnston.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ERIC THORNTON AND MARY THORNTON 1 Plaintiff NO.8008 , M _ r tam' Vs. ., SUSQUEHANNA SPORTS CENTERS,INC., C,-) __ Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the--' Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,THE JUDGES OF SAID COURT: James DeCinti,Esquire counsel for the plai de,*nd W in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$unliquidated personal injury claims ate} / p C 13)b D The counterclaim of the defendant in the action is none n The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Stephanie E.DiVittore,Esquire,Rhoads& Sinon,One South Market Square,12th Fl,Harrisburg PA 17108 James DeCinti,Esquire,Pion,Johnston,Nerone,Girman,Clements&Smith,355 N.21st Street,Suite 102,Camp Hill,PA 17011 WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitt to N C�7 -<> cn CD-_; ORDER OF COURT ' C-) -CD- Z C) AND NOW, t/ s , 2003 , in consideration of the foregoii* J ry petition, ��,,//�� Esq.,and Esq.,and ` ddo_e� . Esq.,are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, Kevin A.Hess,P.J. �11'J Cl Lid S �,�j�7G3f1 312 121/G CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing Petition for Appointment o; Arbitrators was served upon counsel of record by Electronic Mail, this day of March, 2013, as follows: Stephanie E. DiVittore, Esquire Rhoads& Sinon One South Market Square, 12th Fl PO Box 1146 Harrisburg PA 17108 sdivittore@rhoads-sinon.com PION, JOHNSTON,NERONE, GIRMAN, CLEMENT & SMITH, P.C. By: James De inti, Esquire Attorney I.D. # 77421 355 North 21st Suite 102 Camp Hill PA 17011 Tele: 717-737-5833 Email: jdecinti @pionjohnston.com E'k'/C T7logice rv,I &kid /r1 pgy TUdX,ro 1.1 In the Court of Common Pleas of Cumberland CC-1\11E25, Plaintiff 3f�5(9UE Pi►4N/JR p�?OATS T-NIG County, Pennsylvania No. 1/ - goo,F Defendant Civil Action—Law. Oath We do solemnly swear(or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. r C' ) , d ( ignatu Signature Signature bi$NE Cam- R40c.14PF LAugFTI E• {-j0KA,y ° wAl Ne N icrini Name (Chairman) Name Name 80 T1 uriALA I I S .?EraG E l' f b•LEK. Law Firm Law Firm Law Firm 3416 Tiz-i m t Le: Rom) 2. I,0 e 1-1-iG N S4-red, 2-331 M A-ge-61 '+red- Address Address Address ' :Amp HILL. PA- 11011 CA>?LrsL PA. 17013 e,.F►-m p Ulu. PA. 110 /1 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they sh 1 be separately stated.) L ! ) 1-r' 1,..�to- C1IO.J -vv., d- r—i L Th(.�rr -W�) 'urli , ,, .. CL.t." X .A.• ..-, .-` .r Wi t, . 't-r , . C.L Ru.jjx, ©u_){\ bitrator, dissents. (Insert name if applicable.) Date of Hearing: � g' (� /is Date of Award: i L(j +r,ai ` ,AM hairman) AL/ Notice of Entry of Award Now,the / 1-' day of 9,41. , 20/3 , at —2 /6 , .M., the above award was entered upon the docket Knd notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ S//6•.5.7' By: ,// // Prothonotary Deputy FILEO-OFFIC•L OF THE PROTHONO1A1.: ,a• 2013 JUN 18 PH 3: -14 CUMBERLAND COUNTY PENNSYLVANIA cia-htes- 6e-( 1%, (16,0,ws hk44/..--/ 6//943