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Home My WebLink About12-0335SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Heather Killeen vs. Plaza 21, Inc. (et al.) OFF'ir E r,F -'mac : rf RIFF J"vi l',µ `y I i s' G NOOT?,ii { 202 FHB 13 PENNSYLVANIA TY Case Number 2012-335 SHERIFF'S RETURN OF SERVICE 02/08/2012 11:20 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 8, 2012 at 1120 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Select Capital Corporation, by making known unto Molly Fidler, Select Capital Corporation at 4718 Old Gettysburg Road, Suite 405, 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. 1A1- - ILLIAM CLINE, DEPUTY 02/08/2012 11:20 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 8, 2012 at 1120 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Select Capital Commercial Properties, Inc., by making known unto Molly Fidler, Property Manager for Select Capital Commercial Properties, Inc. at 4718 Old Gettysburg Road, Suite 405, 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. WILLIAM CLINMEPUTY 02/09/2012 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: Plaza 21, Inc., but was unable to locate them in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Plaza 21, Jlnc. Request for service at 5115 E. Trindle Road, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Plaza 21, Inc. were prior tentants to this address. SHERIFF COST: $85.00 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;c) Gou,fySuite Sheriff, ieleosott, Inc i0I2 FEB 24 PM 1:29 CUMBERLAND COUt4T)-, PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and COURT OF COMMON PLEAS JOHN KILEEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 VS. PLAZA 21, INC., SELECT CAPITAL CIVIL ACTION - LAW CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, Plaza 21, Inc., Select Capital Corporation and Select Capital Commercial Properties, Inc., in the above captioned case. MARSHALL DENNEHEY WARNER COLEMAN-&-G)DGGIN By: Christopher M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 23, 2012 E' I -J., r tq C LLf2FEB 24 PIs 1:20, CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and JOHN KILEEN Plaintiffs VS. PLAZA 21, INC., SELECT CAPITAL CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-335 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs, Heather Kileen and John Kileen to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment: of non rhos. MARSHALL DENNEHFY WARNER COLEMAN-&-GOGGIN By: Chn op er M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 23, 2012 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and COURT OF COMMON PLEAS JOHN KILEEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 VS. PLAZA 21, INC., SELECT CAPITAL CIVIL ACTION -- LAW CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. JURY TRIAL DEMANDED Defendants RULE AND NOW, this CxO O,day of A e /D . , 2012, upon consideration of the foregoing Praecipe, Plaintiffs, Heather Kileen and John Kileen, is hereby ordered to file a Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: By: _ J;, 1, i rs =dO i6 l 1:yI 'fyJ?lt4?i" (2 FEB 24 P I: 29, !,UMBERLAND COUNT'! PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and JOHN KILEEN Plaintiffs vs. PLAZA 21, INC., SELECT CAPITAL CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-335 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 February 23, 2012, I served a copy of Defendants' Entry of Appearance and Rule for Complaint via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Christopher M. Reeser i= E D-OFFICE nt U i%ONOTNf?1Y 2'1412 MAR 14 AM 11: 55 ClUiMOFRLANiD COUNTY PENNSYLVANIA Stephen G. Held, Esquire Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: HeldCa7hhrlaw.com HEATHER KILLEEN AND JOHN KILLEEN, her Husband, Plaintiffs V. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2012-335 PLAZA 21, INC.; SELECT CAPITAL CIVIL ACTION - LAW CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC., JURY TRIAL DEMANDED Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY COURT: Please reinstate the Writ of Summons in the above-captioned action in order that Defendant, Plaza 21, Inc., can be served pursuant to Pennsylvania Rules of Civil Procedure 401(2). HANDLER, HENNING & ROSENBERG, LLP Step h n G. eld, Esquire I.D. No.: 72663 Date: 03/07/2012 Attorneys for Plaintiffs C_!?) la?A va U. 75p4 ct CkIF 2o1(n8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 MA 28 Al' 8* 41 -CLIMBEMLANO PENNSYI_VANI ti Heather Killeen Case Number vs. Plaza 21, Inc. (et al.) 2012-335 SHERIFF'S RETURN OF SERVICE 03/19/2012 02:00 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 19, 2012 at 1400 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Plaza 21, Inc., by making known unto Tom Lingle, Security Officer for Plaza 21, Inc. at 425 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY SHERIFF COST: $43.00 March 21, 2012 SO ANSWERS, RONISTY R ANDERSON, SHERIFF op t, Ct?!"'ID COL'; Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com Attorneys for Plaintiffs HEATHER KILLEEN and JOHN KILLEEN, her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2012-335 CIVIL V. PLAZA 21, INC. and SELECT CAPITAL CORP., : CIVIL ACTION - LAW Defendants 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Stephen G. Held, Esquire I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com Attorneys for Plaintiffs HEATHER KILLEEN and JOHN KILLEEN, her Husband, Plaintiffs V. PLAZA 21, INC. and SELECT CAPITAL CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2012-335 CIVIL : CIVIL ACTION - LAW Defendants AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las dernanclas clue se presentan mas adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de clue si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Stephen G. Held, Esquire (PA 72663) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: 717.23 8.2000 Fax : 717.233.3029 E-mail: Held@hhrlaw.com Attorneys for Plaintiffs HEATHER KILLEEN and IN THE COURT OF COMMON PLEAS JOHN KILLEEN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO.. PLAZA 21, INC., SELECT CAPITAL CIVIL ACTION - LAW CORP., and SELECT CAPITAL COMMERCIAL PROPERTIES, INC., Defendants COMPLAINT AND Now, come the Plaintiffs, Heather Killeen and John Killeen ("Mrs. and Mr. Killeen", respectively), by and through their attorneys, HANDLER, HENNNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, bring forth this Complaint against Defendants.. Plaza 21, Inc. and Select Capital Corp. ("Defendant", or collectively "Defendants"), and aver as follows: 1. Plaintiffs, Heather Killeen and John Killeen, are adult individuals currently residing at 5 East Beale Avenue, Enola, Cumberland County, Pennsylvania. 2. Defendant, Plaza 21, Inc., is a corporation under the laws of Pennsylvania and having its registered business address at 425 N. 21St Street, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant, Select Capital Corp., is a corporation under the laws of Pennsylvania and having its registered business address at 650 Wilson Lane, Mechanicsburg, Cumberland County, Pennsylvania. 4. At all times material hereto, Defendants were in ownership, possession, management, and control of the premises housing Ms. Killeen's employer, Davita Camp Hill Dialysis Center, located at 425 North 21s' Street, Camp Hill, Cumberland County, Pennsylvania ("Premises"). 5. At all times material hereto, Mrs. Killeen was lawfully upon said Premises, as she was on her way to work. 6. At all times material hereto, Defendants were in possession, management, and control of the stairway outside said Premises. 7. At all times material hereto, Defendants, who had exclusive control of the stairway of said Premises, allowed the concrete to become eroded to a point where a significant portion of the bottom step had become unstable and broken off, creating a gaping hole. 8. At all times material hereto, Defendants posted no warning signs on the Premises nor was there any other visible warning regarding the unsafe conditions of the steps. 9. At all times material hereto, Defendants, who were in ownership, possession, management, and control of said Premises, failed to provide adequate lighting outside of said Premises. 2 10. On or about February 15, 2010, at approximately 3:50 AM, Mrs. Killeen was arriving at said Premises to begin working for the day and while walking into the said Premises, Mrs. Killeen noticed that the lights which ordinarily illuminated the parking lot and stairway were not turned on. 11. Mrs. Killeen attempted to climb the dangerous and inadequately lit stairway outside said Premises but instead found herself laying on the ground on her right side with pain in her right foot after she stepped in a gaping hole on the bottom step. 12. As a result of the fall, Mrs. Killeen sought medical attention at Holy Spirit Hospital Emergency Room. 13. At all times material hereto, Mrs. Killeen believes and therefore avers, that Defendants were in possession, management, and/or control of the stairway of the Premises and were responsible for maintaining the safe condition of the stairway within the Premises located and known as 425 North 21St Street, Camp Hill, Cumberland County, Pennsylvania. COUNT I - NEGLIGENCE Heather Killeen v. Plaza 21, Inc. 14. All prior paragraphs are incorporated herein as if set forth fully below. 15. The occurrence of the aforementioned incident and the resulting injuries to Mrs. Killeen were caused directly and proximately by the negligence of Defendant, Plaza 21, Inc., individually or by its agents, servants, workmen, or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. in causing or permitting the stairway of said Premises to remain significantly eroded to the point in which a gaping hole had formed 3 in the concrete thereby posing an unreasonable risk of injury to Plaintiff and to other persons lawfully upon said Premises; b. in causing or permitting the stairway of said Premises to remain significantly eroded to the point in which a gaping hole had formed in the concrete when Defendant knew or should have known that the likelihood of the hole posed a hazard to individuals traversing the stairway; C. in failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the significantly eroded stairway, and thereby allowing the same to be and remain a dangerous condition when Defendant knew or should have known of it; d. in failing to ensure the stairway at said Premises was maintained in a safe condition to prevent injury to Plaintiff and other persons lawfully upon said Premises; e. in failing to post a warning sign or device in the area as notification of the dangerous condition of the stairway of said Premises; f. in failing to provide more adequate lighting on said Premises so as to avoid the situation in which Plaintiff injured her foot and harshly fell to the ground; 4 g. in failing to remedy the significantly eroded step on said Premises so as to avoid the situation in which Plaintiff injured her foot and fell harshly upon the ground; and h. in failing to maintain the stairway in a reasonable safe condition that would have prevented Plaintiff from injuring her foot and falling harshly upon the ground. 16. As a direct and proximate result of the negligence of Defendant, Mrs. Killeen has: a. suffered physical injuries including, but not limited to, a fractured right foot; b. undergone physical therapy and continuing medical care for her injuries; C. required continuing medical treatment, and will need to continue medical treatment indefinitely; d. has suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; C. has been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; f. has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; and g. has been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 5 WHEREFORE, Plaintiff, Heather Killeen, seeks damages from Defendant, Plaza 21, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest or costs. COUNT II - NEGLIGENCE Heather Killeen v. Select Capital Corp. 17. All prior paragraphs are incorporated herein as if set forth fully below. 18. The occurrence of the aforementioned incident and the resulting injuries to Mrs. Killeen were caused directly and proximately by the negligence of Defendant, Select Capital Corp., individually or by its agents, servants, workmen, or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. in causing or permitting the stairway of said Premises to remain significantly eroded to the point in which a gaping hole had formed in the concrete thereby posing an unreasonable risk of injury to Plaintiff and to other persons lawfully upon said Premises; b. in causing or permitting the stairway of said Premises to remain significantly eroded to the point in which a gaping hole had formed in the concrete when Defendant knew or should have known that the likelihood of the hole posed a hazard to individuals traversing the stairway; C. in failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the significantly eroded stairway, and thereby allowing 6 the same to be and remain a dangerous condition when Defendant knew or should have known of it; d. in failing to ensure the stairway at said Premises was maintained in a safe condition to prevent injury to Plaintiff and other persons lawfully upon said Premises; e. in failing to post a warning sign or device in the area as notification of the dangerous condition of the stairway of said Premises; f. in failing to provide more adequate lighting on said Premises so as to avoid the situation in which Plaintiff injured her foot and harshly fell to the ground; g. in failing to remedy the significantly eroded step on said Premises so as to avoid the situation in which Plaintiff injured her foot and fell harshly upon the ground; and h. in failing to maintain the stairway in a reasonable safe condition that would have prevented Plaintiff from injuring her foot and falling harshly upon the ground. 19. As a direct and proximate result of the negligence of Defendant, Mrs. Killeen has: a. suffered physical injuries including, but not limited to, a fractured right foot; b. undergone physical therapy and continuing medical care for her injuries; 7 C. required continuing medical treatment, and will need to continue medical treatment indefinitely; d. has suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; e. has been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; f. has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; and g. has been, and. will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Heather Killeen, seeks damages from Defendant, Select Capital Corp., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest or costs. COUNT III - NEGLIGENCE Heather Killeen v. Select Capital Commercial Properties, Inc. 20. All prior paragraphs are incorporated herein as if set forth fully below. 21. The occurrence of the aforementioned incident and the resulting injuries to Mrs. Killeen were caused directly and proximately by the negligence of Defendant, Select Capital Commercial Properties, Inc., individually or by its agents, servants, workmen, or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: 8 a. in causing or permitting the stairway of said Premises to remain significantly eroded to the point in which a gaping hole had formed in the concrete thereby posing an unreasonable risk of injury to Plaintiff and to other persons lawfully upon said Premises; b. in causing or permitting the stairway of said Premises to remain significantly eroded to the point in which a gaping hole had formed in the concrete when Defendant knew or should have known that the likelihood of the hole posed a hazard to individuals traversing the stairway; C. in failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the significantly eroded stairway, and thereby allowing the same to be and remain a dangerous condition when Defendant knew or should have known of it; d. in failing to ensure the stairway at said Premises was maintained in a safe condition to prevent injury to Plaintiff and other persons lawfully upon said Premises; e. in failing to post a warning sign or device in the area as notification of the dangerous condition of the stairway of said Premises; 9 f. in failing to provide more adequate lighting on said Premises so as to avoid the situation in which Plaintiff injured her foot and harshly fell to the ground; g. in failing to remedy the significantly eroded step on said Premises so as to avoid the situation in which Plaintiff injured her foot and fell harshly upon the ground; and h. in failing to maintain the stairway in a reasonable safe condition that would have prevented Plaintiff from injuring her foot and falling harshly upon the ground. 22. As a direct and proximate result of the negligence of Defendant, Mrs. Killeen has: a. suffered physical injuries including, but not limited to, a fractured right foot; b. undergone physical therapy and continuing medical care for her injuries; C. required continuing medical treatment, and will need to continue medical treatment indefinitely; d. has suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; e. has been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; 10 f. has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; and g. has been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Heather Killeen, seeks damages from Defendant, Select Capital Commercial Properties, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest or costs. COUNT IV - LOSS OF CONSORTIUM John Killeen v. Plaza 21, Inc. 23. The foregoing paragraphs are incorporated herein by reference. 24. At all times material to this action, Plaintiffs, Mr. and Mrs. Killeen, were lawfully married as husband and wife. 25. As a result of Defendant's negligence, Mr. Killeen has suffered a loss of consortium, society, and comfort from his wife, Mrs. Killeen, and he will continue to suffer a similar loss in the future. 26. As a result of the negligence of Defendant, Mr. Killeen has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, John Killeen, seeks damages from Defendant, Plaza 21, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT V - LOSS OF CONSORTIUM John Killeen v. Select Capital Corp. 27. The foregoing paragraphs are incorporated herein by reference. 28. At all times material to this action, Plaintiffs, Mr. and Mrs. Killeen, were lawfully married as husband and wife. 29. As a result of Defendant's negligence, Mr. Killeen has suffered a loss of consortium, society, and comfort from his wife, Mrs. Killeen, and he will continue to suffer a similar loss in the future. 30. As a result of the negligence of Defendant, Mr. Killeen has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, John Killeen, seeks damages from Defendant, Select Capital Corp., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT VI - LOSS OF CONSORTIUM John Killeen v. Select Capital Commercial Properties, Inc. 31. The foregoing paragraphs are incorporated herein by reference. 32. At all times material to this action, Plaintiffs, Mr. and Mrs. Killeen, were lawfully married as husband and wife. 33. As a result of Defendant's negligence, Mr. Killeen has suffered a loss of consortium, society, and comfort from his wife, Mrs. Killeen, and he will continue to suffer a similar loss in the future. 12 34. As a result of the negligence of Defendant, Mr. Killeen has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, John Killeen, seeks damages from Defendant, Select Capital Commercial Properties, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: May 1 2012 By: Steph G. el , Esquire %0( 72663) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Heather and John Killeen 13 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is 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 counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, 1 have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: L) 051 / ;i, 1 Heather Killeen John it Stephen G. Held, Esquire Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@hhrlaw.com HEATHER KILLEEN and JOHN KILLEEN, IN THE COURT OF COMMON PLEAS her Husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2012 - 335 CIVIL : CIVIL ACTION - LAW PLAZA 21, INC. and SELECT CAPITAL CORPORATION, Defendants CERTIFICATE OF SERVICE On May`i, 2012, I hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants HANDLER, HENNING & ROSENBERG, LLP Step en G. field, Esquire I.D. No.: 72663 Attorneys for Plaintiffs i A r MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and COURT OF COMMON PLEAS JOHN KILEEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 VS. PLAZA 21, INC., SELECT CAPITAL CIVIL ACTION - LAW CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD To: Stephen G. Held, Esquire Handler Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: -- 1? Chriper M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: May 21, 2012 l MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILLEEN and JOHN KILLEEN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. PLAZA 21, INC., SELECT CAPITAL CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. Defendants No. 2012-335 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFFS' CQMPLAWNT 1. Denied. Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of the allegation in Paragraph 1 and proof thereof is demanded at trial. 2. Admitted in part, denied in part. Admitted that Defendant Plaza 21, Inc., is a corporation under the laws of Pennsylvania. It is denied that its registered business address is at 425 North 21" Street, Camp Hill, Pennsylvania. Plaza 21, Inc.'s registered business address is 4718 Gettysburg Road, Suite 401, Mechanicsburg, PA 17055. 3. Admitted in part, denied in part. Admitted that Defendant Select Capital Corporation is a corporation under the laws of Pennsylvania. Denied that Select Capital Corporation has a 1 registered business address at 650 Wilson Lane, Mechanicsburg, PA. Select Capital's business address is at 4718 Gettysburg Road, Suite 405, Mechanicsburg, PA 17055. 4. Admitted in part, denied in part. Admitted that Plaza 21, Inc. owns the building located at 425 North 21St Street, Camp Hill, PA Admitted that Select Capital Commercial Properties manages the building. Denied that Select Capital Corporation has any involvement with the building. 5. The allegation in Paragraph 5 is a legal conclusion to which no responsive pleading is required. 6. Denied as stated. It is unclear as to which stairway "outside said premises" is being referred to in the Complaint. By way of further answer, any stairway which is on the premises located at 421 North 21St Street in Camp Hill is within the control of Defendant. 7. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 8. Admitted in part, denied in part. Admitted that Defendants posted no warning signs on the premises with regard to steps that Plaintiff is alleging to have fallen on. Denied that there was no other visible warning regarding the condition of the steps. Upon information and belief, Plaintiff used the steps on a regular basis and was fully aware of the condition of the steps. 9. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 10. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 11. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 13. Admitted in part, denied in part. Admitted that Defendants were in possession, management and/or control of the premises located at 425 North 21St Street, Camp Hill, PA. The remainder of the allegation in Paragraph 13 is denied as a legal conclusion to which no responsive pleading is required. COUNTI PZGENCE HKA_THERR KILLEEN V. PLAZA 21. INC. 14. No responsive pleading required. 15. The allegation in Paragraph 15 and subparagraphs 15(a)-(h) are legal conclusions to which no responsive pleading is required. To the extent that the allegation in Paragraph 15 and subparagraphs 15(a)-(h) are deemed to be factual, those allegations are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 16(a)-(g). Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants request judgment be entered in their favor. 17. No responsive pleading required. 18(a)-(h). The allegations in Paragraph 18(a)-(h) are legal conclusions to which no responsive pleading is required. To the extent that the allegations in Paragraph 18 and subparagraphs 18(a)-(h) are deemed to be factually, those allegations are denied pursuant Pennsylvania Rules of Civil Procedure 1029(e). 19(a)-(g). Denied pursuant to Pennsylvania Rule of Civil of Procedure 1029(e). WHEREFORE, Defendants request judgment be entered in their favor. COUNT UI NEGLIG &!gE HEATHER KILLEEN V. SELECT CAPITAL COMMERCIAL FROFERTIES 20. No responsive pleading required. 21(a)-(h). The allegations in Paragraph 21 and subparagraphs 21(a)-(h) are conclusions of law to which no responsive pleading is required. To the extent that the allegations in Paragraph 21 and subparagraphs 21(a)-(h) are deemed to be factual, those are allegations are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 22(a)-(g). Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants request judgment be entered in their favor. CCQ N IV LOSS OF CONSORTIUM 23. No responsive pleading required. 24. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 25. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 26. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants request that judgment be entered in their favor. COUNT V LOSS OF CONSORTIUM 27. No responsive pleading required. 28. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 29. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 30. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants request that judgment be entered in their favor. COUNT VI LOSS OF CONSORTIUM 31. No responsive pleading required. 32. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 33. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 34. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants request that judgment be entered in their favor. NEW MATTER 35. Plaintiffs' claims or any amendment to those claims may be barred by the applicable statute of limitations. 36. Plaintiffs' claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S. §7102. 37. Plaintiffs' claims are barred by Plaintiffs' voluntary assumption of the risk. 38. Defendant owed no duty to protect Plaintiffs from open and obvious conditions. 39. Plaintiffs' claims are barred because Plaintiff, Heather Killeen could have chosen a safer choice of ways, but elected not to proceed following the safer path. WHEREFORE, Defendants request that judgment be entered in their favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLE GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant IN 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: 5/ a I' 1 A VERIFICATION I, David Marple, Controller of Select Capital Commercial Properties, hereby verify that the statements in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4944, relating to the unworn falsification to authorities. David Marple, Contra er Select Capital Commercial Properties Dated: a 12 15064-00412/AWNM MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and COURT OF COMMON PLEAS JOHN KILEEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 vs. PLAZA 21, INC., SELECT CAPITAL CIVIL ACTION - LAW CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC. JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 21, 2012, I served a copy of Defendants' Answer with New Matter via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Christopher M. Reeser 1r?,n1f??ei6 Stephen G. Held, Esquire Attorney ID#'72663 HANDLER, HENMNG & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Held hhriaw.com HEATHER KIILLEEN AND JOHN KILLEEN, her Husband, Plaintiffs V. PLAZA 21, IINC.; SELECT CAPITAL CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC., Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2012-335 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' ANSWER WITH NEW MATTER AND NOW, comes the Plaintiffs, by and through their attorneys, Handler, Henning & Rosenberg, LLP, and Stephen G. Held, Esquire, and hereby files the foregoing Plaintiffs' Reply as follows: 35. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims or any amendment to those claims are not barred by the applicable statute of limitations. 36. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff is not negligent. 37. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff did not assume the risk of her injuries. 38. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Defendant owed no duty to protect Plaintiffs from open and obvious conditions. Furthermore, it is also denied that the defect as described in Plaintiffs' Complaint is an open and obvious condition. 39. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims are not barred because Plaintiff, Heather Killeen, could have chosen a safer choice of ways; Plaintiff was acting as a reasonably prudent person given the circumstances therein. WHEREFORE, Plaintiffs request that Judgment be entered in their favor. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Q/) /? Step eld, Esquire I.D. No.: 2663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs Date: May 24, 2012 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Stephen G. Held, Esquire, states that he is the attorney for the party filing the foregoing document; 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. -9-a'Z2 Step n QTWd, Esquire Date: May 24, 2012 Stephen G. Held, Esquire Attorney ID# 77663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Heldghhrlaw.com HEATHER KILLEEN AND JOHN KILLEEN, her Husband, Plaintiffs V. PLAZA 21, INC.; SELECT CAPITAL CORPORATION and SELECT CAPITAL COMMERCIAL PROPERTIES, INC., Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2012-335 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On May 24, 2012, 1 hereby certify that a true and correct copy of Plaintiffs' Reply to Defendants' Answer with New Matter was served by depositing same in the United States Mail, First Class, Postage Prepaid, in Harrisburg, Pennsylvania, upon the following: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants HANDLER, HENNING & ROSENBERG, LLP 4( - Stephe G. Held, Esquire I.D. No.: 72663 Attorneys for Plaintiffs i3!3 OCT 29 tin II: 25 CU MBERL ND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and • COURT OF COMMON PLEAS JOHN KILEEN • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • No. 2012-335 • vs. PLAZA 21, INC., SELECT CAPITAL • CIVIL ACTION—LAW CORPORATION and SELECT CAPITAL : COMMERCIAL PROPERTIES, INC. : JURY TRIAL DEMANDED • • Defendants PRAECIPE FOR CHANGE OF ADDRESS To the Prothonotary: Kindly note the change of address of counsel for Defendants Plaza 21, Inc., Select Capital Corporation and Select Capital Commercial Properties, Inc., from 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 to: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and • COURT OF COMMON PLEAS JOHN KILEEN CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • No. 2012-335 • vs. PLAZA 21, INC., SELECT CAPITAL • CIVIL ACTION—LAW CORPORATION and SELECT CAPITAL : COMMERCIAL PROPERTIES, INC. : JURY TRIAL DEMANDED • • Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October 28, 2013, I served a copy of Defendants' Praecipe for Change of Address via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Chris opher M. Reeser OF' ri-IE PWOTHONO 20/i1 SEP -9 Pil 1: 5. CUI.IBERL AND COLINTY PENNSYLVANIA 05/1269257.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA Attorney ID #73632 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 717-651-3509; Fax 717-651-3707 Our File No. 15064-00412 Attorney for Defendants HEATHER KILLEEN and JOHN KILLEEN Plaintiffs vs. PLAZA 21, INC., SELECT CAPITAL : CORPORATION and SELECT CAPITAL : COMMERCIAL PROPERTIES, INC. : Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-335 CIVIL ACTION — LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL PLAINITFF, HEATHER KILLEEN'S DEFENSE MEDICAL EXAM Plaintiffs' Heather and John Killen initiated this action by way of Writ of Summons filed January 25, 2012. 2. After being ruled, Plaintiffs filed a complaint. 3 All pleadings are closed in this matter. 4. This case arises out of Mrs. Killeen's fall down the steps at Defendantsbuilding that occurred on February 15, 2010. 05/1269257.v1 5. Plaintiff Heather Killeen injured her right foot after she fell. 6. Plaintiff was in the course and scope of her employment with Davita at the time this incident occurred. 7. The parties have exchanged extensive written discovery, obtained Plaintiffs relevant medical records, and deposed Plaintiffs including Heather Killeen. 8. Plaintiff underwent extensive medical treatment including treatment with local foot specialist, Michael Werner, M.D. of Orthopedic Institute of Pennsylvania ("OIP"). 9. Dr. Werner performed a surgery on Plaintiffs foot in an attempt to lessen Plaintiffs feeling of numbness, tingling and burning in the foot. 10. However, Plaintiff testified she had little resolution of those symptoms since her surgery despite two additional courses of physical therapy. 11. Plaintiff has not returned to work at her employer Davita because her job required standing for long periods of time which Plaintiff claims she can no longer do. 12. Plaintiffs demanded $350,000.00 to resolve this case in September 2013. Upon information and belief, at that time, the workers' compensation lien was approximately $126,000.00. 13. It is the Defense understanding Plaintiff has reached a compromise with the workers' compensation insurance carrier; however, the workers' compensation carrier has not agreed to compromise the $126,000.00 lien. 14. In order to evaluate the causation, nature, and extent of Plaintiff Heather Killeen's foot injury, the Defendants' sought to have Plaintiff examined by Board Certified Orthopedic Surgeon, Jeffrey N. Kann, M.D. of Tri-State Orthopedic and Sports Medicine. 05/1269257,v1 15. Defendants first requested Plaintiff Heather Killeen undergo an exam by Dr. Kann on Monday, June 23, 2014. 16. Plaintiffs object to the Defense Medical Exam with Dr. Kann on the basis that it is too far away from Plaintiffs' home. 17. On July 21, 2014, Plaintiffs' counsel advised his clients did not want to travel 3 1/2 hours one way. See July 21, 2014 email from Stephen G. Held, Esq. attached hereto as Exhibit "A 18. In response, Defense counsel offered to pay the travel expenses for Plaintiffs. See Exhibit "A." 19. Plaintiffs' counsel nonetheless objected to arranging for the medical exam. See Exhibit "A." 20. Where the physical condition of a party is at issue, the court may order the party to submit to a physical examination by an examiner. Pa. R.C.P. 1040 (a)(2). 21. Without Plaintiff Heather Killeen's medical examination by Dr. Kann, the Defendants are severely prejudiced in their defense of Plaintiffs' claims. 22. Consistent with Cumberland County local rules C.C.R.P. 208.2(d), undersigned counsel certifies he sought the concurrence of Plaintiffs' counsel for the within Motion and Proposed Order. 23. Plaintiffs' counsel does not concur in the relief requested. WHEREFORE, Defendants' respectfully request this Honorable Court enter an Order compelling Plaintiff Heather Killeen to submit to a defense medical exam with Dr. Jeffrey Kann 05/1269257.v1 at a date and time mutually convenient to the parties, with such exam to occur within the next sixty (60) days. Dated: ? g"(y 05/1269257.v1 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: C..i /d -MO Christopher M. Reeser, Esquire Attorney for Defendants PA ID# 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax: 717-651-3707 Email: cmreeser@mdwcg.com CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on 91 6 , 2014, I served a copy of Defendants' Motion to Compel Plaintiff Heather Killeen to appear for a Medical Examination via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff 05/1269257.v1 Christopher M. Reeser HEATHER KILLEEN and COURT OF COMMON PLEAS JOHN KILLEEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 vs. PLAZA 21, INC., SELECT CAPITAL CIVIL ACTION — LAW CORPORATION and SELECT CAPITAL : COMMERCIAL PROPERTIES, INC. JURY TRIAL DEMANDED Defendants ORDER OF COURT AND NOW, this 17TH day of SEPTEMBER, 2014, a Rule is issued upon Plaintiff to Show Cause why Defendants' Motion to Compel Medical Exam should not be granted. Rule returnable twenty (20) days after service. Edward E. Guido, J. Ste en G. Held, Esquire Christopher M. Reeser, Esquire :sld Cr) c-; Stephen G. Held, Esquire Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: HeldPhhrlaw.com Attorney for Plaintiffs HEATHER KILLEEN AND JOHN KILLEEN, her : IN THE COURT OF COMMON PLEAS Husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO.: 2012-335 V. : CIVIL ACTION - LAW PLAZA 21, INC.; SELECT CAPITAL CORPORATION and SELECT CAPITAL : JURY TRIAL DEMANDED COMMERCIAL PROPERTIES, INC., Defendants PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF HEATHER KILLEEN'S DEFENSE MEDICAL EXAM AND NOW, comes the Plaintiffs, by and through their attorneys, Handler, Henning & Rosenberg, LLP, and Stephen G. Held, Esquire, and hereby files the foregoing response to Defendants' motion to compel Plaintiff Heather Killeen's Defense Medical Exam as follows: 1. Admitted, 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. It is admitted that Defendant's have sought the services of Jeffrey Kann, M.D. to evaluate Plaintiff. 15. Admitted. 16. It is admitted that Plaintiffs have objected to an evaluation in Pittsburgh. Furthermore, Plaintiffs would be subjected to unreasonable annoyance and undue burden to travel to Pittsburgh, almost 200 miles each way, to attend a Defense Medical exam. Defense has not shown the requisite good cause to subject the Plaintiffs to this annoyance and burden when other doctors can evaluate Plaintiff without unreasonable annoyance and that is not burdensome to the Plaintiffs. 17. This paragraph refers to documents which speak for themselves. 18. This paragraph refers to documents which speak for themselves. 19. This paragraph refers to documents which speak for themselves. 20. Pa. R.C.P 1420 permits the Court to order a party to attend a medical exam upon good cause shown. This rule also is subject to PA. R.C.P. Rule 4011 that only permits discovery that does not cause unreasonable annoyance and is not burdensome. 2 21. Denied. Plaintiff will submit to a Defense Medical Exam that does not subject her to unreasonable annoyance and is not unduly burdensome. Requiring a Plaintiff to travel seven hours is unreasonable. 22. Admitted. 23. Admitted. WHEREFORE, Plaintiffs request that This Honorable Court deny Defendants' request to have Plaintiff Heather Killen submit to a Defense Medical Exam in Pittsburgh. Date: September 30, 2014 3 Respectfully submitted, HANDLER, HENNING g OSENBERG, LLP Stephen G. He d, Esquire I.D. No.: 72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs Stephen G. Held Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER KILLEEN and JOHN KILLEEN, Plaintiff(s) 2012 - 335 V. Civil Action - Law PLAZA 21, INC., SELECT CAPITAL CORPORATION, and SELECT CAPITAL COMMERICAL PROPERTIES, INC., Defendant(s) CERTIFICATE OF SERVICE On, September 30, 2014„ I hereby certify that a true and correct copy of Plaintiffs' Response to Defendants' Motion to Compel Plaintiff Heather Killeen's Defense Medical Exam was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Christopher M. Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive - Suite 201 Camp Hill, PA 17011 Attorney for: Plaza 21, Inc., Select Capital Corporation HA ER, HENNING & ROSENBERG, LIP Stephen G. Held MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax 717-651-3707 Email: cmreeser@mdwcg.com Our File No. 15064-00412 Attorney for Defendants HEATHER KILLEEN and JOHN KILLEEN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 vs. PLAZA 21, INC., SELECT CAPITAL : CIVIL ACTION — LAW CORPORATION and SELECT CAPITAL : COMMERCIAL PROPERTIES, INC. : JURY TRIAL DEMANDED Defendants • PRAECIPE FOR DETERMINATION 1. September 8, 2014, Defendants filed a Motion to Compel Plaintiff Heather Killeen's defense examination. 2. On September 17, 2014, Judge Guido issued a Rule upon Plaintiff to show cause why Defendants' Motion to Compel should not be granted. 3. On or about October 1, 2014, Plaintiff filed a response to Defendants' Motion to Compel. 4. Plaintiffs Answer to Defendants' Motion to Compel raised no disputed issues of material fact. Page 1 of 2 5. Defendants request that the Court decide the Petition on the Petition and Answer pursuant to Pa.R.C.P. 206.7. By: Dated: January 14, 2015 Respectfully submitted, MARSHALL DENNEHEY WARNER Christopher M. Reeser, Esquire Attorney for Defendant PA ID# 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax: 717-651-3707 Email: cmreeser@mdwcg.com Page 2 of 2 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax 717-651-3707 Email: cmreeser@mdwcg.com Our File No. 15064-00412 Attorney for Defendants HEATHER KILEEN and COURT OF COMMON PLEAS JOHN KILEEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2012-335 vs. PLAZA 21, INC., SELECT CAPITAL : CIVIL ACTION — LAW CORPORATION and SELECT CAPITAL : COMMERCIAL PROPERTIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 14, 2015, I served a copy of Defendants' Praecipe for Determination via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff Christopher M. Reeser