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Home My WebLink About13-1239 Plaintiff(s) & Address(es) PATRICK J. TAYLOR 37 Mystery Rose Lane West Grove, PA 19390 CIVIL DIVISION Case No. ~ ~ ' `~~ -l Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL)NTY, PENNSYLVANIA vs. Defendant(s) & Address(es) SHIPPENSBURG UNIVERSITY FOUNDATION 1871 Old Main Drive Shippensburg, PA 17257 Civil Action ., ....~ ~~ ,~ PRAECIPE FOR WRIT OF SUMMONS ~+ '~ -,- r' ~ ~' ~' 1 TO THE PROTHONOTARYlCLERK OF SAID COURT: ~ :~ ~. Issue summons in the above case ~. ~ Writ of Summons shall be issued and forwarded to Attor heriff. lease Circl oice `+''~ u ~~ „r Date : March 6, 2013 Sign ture of Attorney Print Name: Ge rge S. Donze, Esquire Address: 696 Unionville Road, Suite 6 Kennett Square, PA 19348 Telephone #:610-444-8018 Supreme Court ID Number: 30082 TO ..... WRIT OF SUMMONS SHIPPENSBURG UNIVERSITY FOUNDATION y"~' :'~ :: P,";) c~~ ~= , G*_; .~ ; . l.'/ a,~~ ~ 1 o3.~s(.~ A~ ~~ Il~l~q ~~ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINT F(S) SHAVE COMMENCED AN ACTION AGAIIJST YOU. n tary/ Jerk, ivil Division Date: ~ ~ b Y Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Sheriff R Anderson _ i IafF � Kd " R Y Jody S Smith �,° at �� ..II• H Chief Deputy 2013 MAR 18 AM : " Richard W Stewart p p Solicitor OFFICE OF THE SHERIFF CUtWAIL09 G00141"" p�}�{� YLVAt�t A Patrick J Taylor vs. Case Number Shippensburg University Foundation 2013-1239 SHERIFF'S RETURN OF SERVICE 03/11/2013 12:10 PM-Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be ChrystOl Miracle, Director of Finance,who accepted as"Adult Person in Charge"for Shippensburg University Foundation at 500 Newburg Road, Shippensburg Township, Shippensburg, PA 17257. VAffIAM CLINE, DEPUTY SHERIFF COST: $48.46 SO ANSWERS, March 12, 2013 RbNW R ANDERSON, SHERIFF {c)CounlySuile Sheriff,Teleosoft,!nc. d Thomas E. Brenner, Esquire " �0, . Attorney ID No. 32085 1 ,") 11: ; P.O. Box 6991 "?;, tLf ? t Harrisburg, PA 17112 YLVANl 'r� (717)234-4161 Attorney for Shippensburg University Foundation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 Vs. SHIPPENSBURG UNIVERSITY Civil Action- Law FOUNDATION , Defendant ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire, of Goldberg Katzman, P.C., on behalf of Shippensburg University Foundation. Goldberg Katzman, P.C., B Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Shippensburg University Foundation Dated: 3 �Z 13 {00640871;v1} CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiffs GOLDBERG KATZMAN, P.C. By: Thom renner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Shippensburg University Foundation Dated: {00640871;v1} t Cl) -n c.s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTVrn 5 PENNSYLVANIA �+=- .<> CO C) PATRICK J. TAYLOR 8-q Plaintiff x r"2 cac VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 "" FOUNDATION Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,Plaintiff,Patrick J. Taylor,certify that: I. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to Defendant at least twenty days prior to the date on which the subpoena is sought to be served; 2. A copy of the notice of intent,including the proposed subpoena, is attached to this certificate; 3. The Required 20-Day Notice or Waiver is attached to this certificate, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 41-IL5 A44 , *i�� Date orge S. Dotqe, Esquire ONZE&DONZE 696 Unionville Rd., Suite 6 Kennett Square,PA 19348 (610)444-8018 Attorney ID# 30082 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J.TAYLOR Plaintiff VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 UPON PENNSYLVANIA STATE POLICE TO: Shippensburg University Foundation 1871 Old Main Drive Shippensburg, PA 17257 Plaintiff,Patrick J. Taylor,by and through his attorney, George S. Donze, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20)days from the date below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be sere Date Gry6rge S. Donz quire DONZE & DONZE 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610)444-8018 Attorney ID# 30082 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK J.TAYLOR Plaintiff File No. vs. SHIPPENSBURG UNIVERSITY FOUNDATION Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Any and all investigations or incident reports regarding one Patrick J . Taylor and an incident occurring on March 8 , 2011 at Hot Point Commons , Shippensburg , PA including photographs and videos . at 696 Unionville Road, Suite 6, Kennett Square, PA 19348 . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George S.Dona,Esquire ADDRESS: 696 Unionville Road,Suite 6 Kennett Square,PA 19348 TELEPHONE: 610444-8018 SUPREME COURT ID#30092 ATTORNEY FOR: Plaintiff BY TIBME otlionotary,Civil Dr vi Date: ?I -� I Seal of the ourt Deputy i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PATRICK J. TAYLOR Plaintiff r, vs. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 yam FOUNDATION ? Defendant z a 4 y; NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PATRICK J. TAYLOR Plaintiff VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant CIVIL ACTION COMPLAINT 1. Plaintiff is an adult individual currently residing at 37 Mystery Rose Lane, West Grove, PA 19390. 2. Defendant is a foundation, organized and existing pursuant to the laws of the Commonwealth of Pennsylvania which is affiliated with but a separate entity from Shippensburg University, which at all times material hereto, was the owner and operator of a 21 711nit off- campus town home community known as Hot Point Commons. At all times material hereto, Defendant acted through its agents, servants, workmen and employees. 3. At all times material hereto, Defendant leased the units in Hot Point Commons exclusively to Shippensburg University students and held Hot Point Commons out as being "safe". 4. On March 18, 2011, Plaintiff was a full-time student at Shippensburg University and was in attendance at a party being held in Unit 1 of the Hot Point Commons hosted by Shippensburg students who were also tenants of Hot Point Commons and Defendant. 5. While attending said party and while in townhouse unit#1, a verbal confrontation between Plaintiff and other unknown individuals ensued whereupon Plaintiff was punched in the face and about his head by some of these unknown individuals who were attendees of the party and who, upon information and belief, were not Shippensburg University students. 6. After absorbing these blows, Plaintiff attempted to flee and escape the premises and was in a common area of the townhome complex when he was again viciously attacked, assaulted, beaten,punched, kicked and stomped on by the same individuals who struck him inside the residence and others who, upon information and belief, were not Shippensburg University Students and not invited guests of the Shippensburg University residents at the Hot Point Commons townhome in question. 7. As a result of the aforementioned beatings/physical assault, Plaintiff sustained multiple injuries to his person, including but not limited to an acute head injury, a right orbital floor blowout fracture with entrapment of the right interior rectus muscle, a retrolubar hematoma and a right aricular hematoma, a nasal fracture and multiple dental fractures all of which required emergency room treatment, helicopter transport, additional hospital treatment and surgical repair of his facial lacerations and orbital floor fracture, optholomogic care, dental care and follow up care, all of which have in the past and may in the future cause Plaintiff great physical pain, suffering, inconvenience and the loss of the pleasures°of life, all to his financial loss and detriment. 8. As a result of the injuries sustained by Plaintiff, he has incurred and will likely continue to incur medical and dental expenses for the treatment rendered to him for the injuries he suffered in this attack. 9. As a result of this attack and the injuries sustained by Plaintiff as set forth above, Plaintiff was forced to miss the remainder of the Spring, 2011 semester at Shippensburg University and was not eligible for a refund of the tuition he had paid in advance for that semester. 10. The losses sustained by Plaintiff as set forth above were caused by the negligence and carelessness of Defendant which consisted of the following: a. Failing to maintain adequate security at Hot Point Commons; b. Failing to police the premises and provide security in the common areas of Hot Point Commons; c. Failing to implement adequate access control to Hot Point Commons; d. Failing to execute the security measures in place at Hot Point Commons; e. Failing to limit and control ingress and egress to Hot Point Commons; f. Failing to take reasonable precaution against foreseeable third party criminal conduct when it knew or should have known that Hot Point Commons was frequented by individuals whose purpose was to engage in criminal activity; g. Failing to provide adequate primary and secondary security measures such as security lighting and security/surveillance cameras; h. Failing to provide adequate security despite knowledge that Hot Point Commons was"off-campus"and therefore not under the jurisdiction of the Shippensburg University campus police; was located in Shippensburg Township and therefore not within jurisdiction of the Shippensburg Borough police; and with full knowledge that any criminal activity would fall under the jurisdiction of the Pennsylvania State Police whose closest barracks was located in Carlisle, Pennsylvania, approximately 30 minutes away; i. Failing to exercise reasonable care despite the knowledge that criminal acts were being performed or likely to be performed at Hot Point Commons; j. Failing to take reasonable precautions against harmful third party conduct that could have or should have been anticipated; k. Failing to adequately supervise or have supervisory personnel on the premises to monitor the premises and the conduct occurring at the premises; 1. By breaching its duty pursuant to the Restatement Second of Torts §§344.and 322. 11. As a result of the negligence and carelessness of Defendant as more fully set forth above, Plaintiff sustained the injuries and damages more fully set forth above. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against Defendant in an amount in excess of$50,000.00 DONZE & ONZE s �31 By: Date eorge S. Dorke Attorney for Plaintiff 696 Unionville Rd., Suite 6 Kennett Square,PA 19348 (610)444-8018 Attorney ID# 30082 VERIFICATION I, Patrick Taylor,verify that the statements made in the foregoing Civil Action Complaint are true and correct to the best of our knowledge, information and belief I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date PATRICK TAYL R TH Thomas E. Brenner, Esquire PRO llotgO T;' rr t�' Attorney I.D. 32085 P.O. Box 6991 2013 JUN 24 x'11 1: 12 Harrisburg, PA 17112 DUgR(-;� D COUNT;' Phone: (717) 234-4161 PENNSYLVANIA Attorney for Shippensburg University Foundation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 VS. SHIPPENSBURG UNIVERSITY Civil Action- Law FOUNDATION Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT; OR ALTERNATIVELY, MOTION FOR A MORE SPECIFIC COMPLAINT AND NOW, comes Defendant, Shippensburg University Foundation, by its attorneys, Goldberg Katzman, P.C., who hereby files these Preliminary Objections to Plaintiff s Complaint pursuant to Pa. R.C.P. 1028 and Local Rule 1028(c) and in support thereof avers the following: 1. Plaintiff initiated this action alleging negligence on the part of the Shippensburg University Foundation("Foundation") in the ownership of its Hot Point Commons property. 2. Plaintiff avers that he was in attendance at a party in Unit 1 of Hot Point Commons on March 18, 2011 when a verbal confrontation erupted and resulted in a physical altercation between Plaintiff and other unknown individuals.. 3. Plaintiff s claim arises from injuries allegedly sustained as a result of said physical assault that occurred on or around the Hot Point Commons property. 4. Plaintiff bases its negligence allegations on the Foundation's failure to provide security and supervision on the premises of Hot Point Commons. {00651444;v1} 5. The Foundation now brings these Preliminary Objections regarding deficiencies in Plaintiff's Complaint. LEGAL INSUFFICIENCY (DEMURRER) 6. The allegations of paragraphs 1 through 5 are incorporated herein by reference as if set forth in full. 7. Pa. R.C.P. 1028(a)(4)provides that preliminary objections may be filed on the basis of legal insufficiency of the pleading in the form of a demurrer. 8. Plaintiff's Complaint attempts to hold the Foundation liable for a failure to provide security and failure to implement security measures on its property at Hot Point Commons. 9. Under Pennsylvania law, a landlord does not have a duty to provide security to protect residents from crimes committed by third parties. Feld v. Merriam, 485 A.2d 742, 747 (Pa. 1984). A landlord only incurs a duty to provide security through an agreement by which the landlord offers to voluntarily extend security to the residents. Id. 10. The injuries sustained by Plaintiff occurred as a result of the criminal actions of an unknown third party. 11. Plaintiff does not allege that the Foundation agreed or offered to provide security at Hot,Point Commons, and the Foundation, in fact, made no such agreement or offer. 12. As a result, the Foundation had no duty to provide security or protect residents from the criminal conduct of third parties. 13. Therefore, Plaintiff's claim of negligence based on the inadequacy of security measures at Hot Point Commons is legally insufficient. {00651444;vl} ALTERNATIVELY, DEFENDANT'S MOTION FOR A MORE SPECIFIC COMPLAINT 14. The allegations of paragraphs 1 through 13 are incorporated herein by reference as if set forth in full. 15. Pa. R.C.P. 1028(a)(3) provides that preliminary objections may be filed on the basis of insufficient specificity in a pleading. 16. In the event that the demurrer is not sustained, the Foundation requests that Plaintiff be required to amend the Complaint to provide a more specific statement of the allegations. 17. Plaintiff's Complaint alleges that the Foundation breached its duty pursuant to the Restatement(Second) of Torts § 344. 18. Assuming Restatement(Second) of Torts § 344 is applicable, comment f to this section, regarding the duty to police premises, states that a possessor has no duty to exercise care unless "he knows or has reason to know that the acts of the third person are occurring, or are about to occur." Restatement(Second) of Torts § 344 cmt. f(1965). 19. Plaintiff s Complaint alleges that the Foundation failed to protect against the harmful criminal conduct of third parties that it should have known of or anticipated. 20. Plaintiff, however, does not aver the basis of this alleged knowledge or anticipation on the part of the Foundation. 21. The relevant inquiry when determining if the pleading is sufficiently specific under Rule 1028(a)(3) is "whether the complaint is sufficiently clear to enable the defendant to prepare his defense," or"whether the plaintiffs complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without {00651444;vl) question upon what grounds to make his defense."Ammlung v. City of Chester; 302 A.2d 491, 498 n.36 (Pa. Super. 1973) (quoting 1 Goodrich—Amram § 1017(b)-9). 22. Without notice of the grounds upon which Plaintiff rests his claims that the Foundation should have anticipated that criminal activity would occur at Hot Point Commons, the Foundation is unable to prepare its defense to such claims. 23. Therefore, such allegations in the Complaint are insufficiently pled. 24. As such, the Foundation requests that Plaintiff be compelled to amend the Complaint to supply the specific basis for the averment of knowledge or anticipation on the part of the Foundation regarding the occurrence of criminal activity on the premises of Hot Point Commons. WHEREFORE, based on the above, the Shippensburg University Foundation respectfully requests that this Honorable Court grant its Preliminary Objection and strike Plaintiff's Complaint based on legal insufficiency. In the alternative, the Foundation requests that this Honorable Court require Plaintiff to file an Amended Complaint. G G KAYZMAN, P.C. Thomas . Brenner, Esquire Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717) 234-4161 Fax: (717) 234-6808 Date: {00651444;vl} CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiffs GOLDBERG KATZMAN, P.C. By. omas renner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Shippensburg University Foundation Dated: (p 9A {00651444;v1} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR cz a� Plaintiff M W C— VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant =C� - C- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TOT RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Patrick J. Taylor, certify that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to Defendant at least twenty days prior to the date on which the subpoena is sought to be served; 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. The Required 20-Day Notice or Waiver is attached to this certificate, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. �1z'111-T Date 4urge S. Don f$, Esquire DONZE & DONZE 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610)444-8018 Attorney ID# 30082 C) `fl t e 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT PENNSYLVANIA ,, ry PATRICK J. TAYLOR • -`' } t7 Plaintiff : vs. '� c SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 .-< FOUNDATION Defendant : PLAINTIFF'S ANSWERS TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Plaintiff, by and through counsel, having received notice that Defendant has filed Preliminary Objections to Plaintiff's Complaint, hereby responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Further, Plaintiff's Complaint speaks for itself. 5. No answer required. DEMURRER 6. Plaintiff incorporates by reference paragraphs one (1)through five (5) as though more fully set forth herein at length. 7. Denied as a conclusion of law. 8. Admitted. Further, Plaintiff's Complaint speaks for itself. 9. Denied. As a conclusion of law. By way of further answer, see Restatement (Second) of Torts §344. 10. Admitted in part, denied in part. While it is admitted that the injuries sustained by Plaintiff occurred as a result of criminal actions of unknown third parties, as set forth in Plaintiff's Complaint,the injuries sustained by Plaintiff were also caused by the carelessness and negligence of Defendant. a ' 11. Admitted in part, denied in part. While it is admitted that Plaintiff does not so allege, Defendant is under an affirmative duty to exercise reasonable care under the circumstances and to take precautions by having security or some supervisory personnel physically present on the premises to monitor both the premises and conduct occurring upon same in order to avoid any possible injuries to invitees. 12. Denied as a conclusion of law. Further, see answer to paragraph 11 above. 13. Denied as a conclusion of law. Further, it is denied that Plaintiff's claim of negligence based upon inadequate security is legally insufficient as Pennsylvania law imposes an affirmative duty on Defendant as premises owner to exercise reasonable care under the circumstances. See Restatement section and case law cited above. MOTION FOR MORE SPECIFIC COMPLAINT 14. Plaintiff incorporates by reference paragraphs one (1) through thirteen(13) as though more fully set forth herein at length. 15. Denied as a conclusion of law. 16. Denied. No more specific allegations are required. 17. It is admitted that the allegations of a breach of duty pursuant to Restatement (Second) of Torts §344 is one of the allegation of negligence against Defendant. 18. Denied as a conclusion of law. Further, the applicable language in the cited comment speaks for itself 19. Plaintiff's Complaint speaks for itself 20. Denied. It is denied that Plaintiff's Complaint does not aver the basis of the alleged knowledge or anticipation on the part of the Foundation. On the contrary, Plaintiff s Complaint, taken as a whole, and specifically paragraph 10 sets forth in subparagraphs a. through 1. the specific acts of negligence complained of By way of further answer, in ruling upon Preliminary Objections, this Honorable Court must assume the truth of all allegations set forth in the Complaint and therefore, this Court must accept as true the fact that the Defendant failed to take reasonable precautions when it knew or should have known that Hot Point Commons was frequented by individuals whose purpose was to engage in criminal activity (subparagraph f.); failed to provide adequate primary and secondary security measures such as security lighting and security surveillance cameras (subparagraph g.); failed to exercise reasonable care despite the knowledge that criminal acts were being performed or likely to be performed at Hot Point Commons (subparagraph i.); failed to take reasonable precautions against harmful third party conduct that could or should have been anticipated (subparagraph j.). By way of further answer, the Pennsylvania Rules of Civil Procedure allow parties of an action to engage in discovery to flesh out the allegations in the Complaint. Plaintiff has already engaged in discovery and has served counsel for Defendant with Interrogatories and Request for Production of Documents and at some point will take the deposition of a representative of Defendant where specific inquiry into the allegations will be made. (Attached as Exhibit"A" is a copy of Plaintiffs Interrogatories and Request for Production of Documents Directed to Defendant). By way of further answer, in addition to discovery against the party, Plaintiff has issued a subpoena to the Pennsylvania State Police and has requested documentation concerning any and all incidents or instances of criminal conduct occurring on Hot Point Commons since 2006 (a true and correct copy of Plaintiff's Subpeona issued to the Pennsylvania State Police is attached hereto and marked as Exhibit"B"). 21. Denied as a conclusion of law. By way of further answer, it is respectfully submitted that the Complaint is sufficiently clear to enable the Defendant to prepare its defense and clearly informs the Defendant with accuracy and completeness the specific basis upon which recovery is sought. 22. Denied. It is denied that Defendant is unable to prepare its defense to such claims. See prior answers regarding sufficiency of the pleading as stated and discovery already issued to Defendant. 23. Denied as a conclusion of law. 24. It is denied that Plaintiff should be compelled to amend the Complaint to provide the specific basis for the averment of knowledge or anticipation regarding the occurrence of criminal activity on its premises. On the contrary, no such amendment is warranted as Defendant has been sufficiently advised of the allegation against it and Plaintiff has already engaged in discovery to flesh out this allegation. WHEREFORE, Plaintiff respectfully requests this Honorable Court to overrule Defendant's Preliminary Objections. ( 12 i t3 I . / . Date George S. Do-0-, squire DONZE & DONZE 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610) 444-8018 Attorney ID# 30082 VERIFICATION I, George S. Donze, Esquire, attorney for Plaintiff, verify that the statements made in the foregoing Response to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to uns .rn falsification to authorities. te, (2-g tr3 4 Date ORGE S. '4_•NZE, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION Defendant : CERTIFICATE OF SERVICE I, GEORGE S. DONZE, hereby certify that on this 19th day of June, 2013, a complete copy of Plaintiff's Answers to Defendants Preliminary Objections to Plaintiff's Complaint have been served via U.S. Mail to the following person: Thomas E. Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 DONZ :'DONZE By: 1 , r EORGE S. D 1 ZE Attorney for Plaintiff Attorney I.D. #30082 Willowdale Town Center Routes 926 and 82 696 Unionville Road, Suite#6 Kennett Square, PA 19348 Tel: 610-444-8018 Fax: 610-444-8040 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • PATRICK J. TAYLOR Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION Defendant : PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT Plaintiff, by and through his attorney, pursuant to Pa. R.C.P. 4005, hereby serve the within Interrogatories on Defendant, and make demand on Defendant to answer same under oath within thirty (30) days. These Interrogatories are deemed to be continuing to the extent required by Rule 4007.4 and, accordingly, any information obtained subsequent to the filing of these Interrogatories which pursuant to said Rule, would require Defendant to supplement the response, is to be supplied by supplemental answer. * * * * * * * * * * * * * * * * * * 1. State the full name, job title, employer and address of the affiant. If the affiant answers an Interrogatory herein from information not within his/her personal knowledge and belief, describe the source of all information that was not in the personal information of the affiant. ANSWER: 2. State the following regarding your business classification as a Foundation: a. Your legal name; b. When and where the Foundation was formed; 1 c. The principal place of business; d. The name and address of each director; e. The name and address of each officer; f. The stated purpose of the Foundation; g. The business activities engaged in by the Foundation; and h. The Foundation's relationship with Shippensburg University. ANSWER: 3. State when the incident referred to in the Complaint first came to your attention, or the attention of anyone acting on your behalf and provide the following information: a. By whom the incident was first reported: b. Who made the report. ANSWER: 4. Identify each person who: a. Was a witness to the incident complained of in Plaintiff's Complaint through sight or hearing: b. Who has knowledge of the facts concerning the happening of the incident of the condition or circumstances at the scene of the incident, prior to, after, or at the time of the incident. ANSWER: 2 • 5. State the names and address of each of your agents, servants or employees who were involved in the investigation of the accident and/or incident described in the Plaintiff's Complaint. ANSWER: 6. Please state the names and addresses of all persons known to you or your attorney who actually observed or might have observed the incident that is the subject matter of this action and, as to each such person, their relationship, including employment, if any, to the defendant or its agents or employees. ANSWER: 7. For each person identified in the preceding Interrogatory, please state their exact location, point of observation and activity at the time of the incident. ANSWER: 8. Have you or anyone else acting on your behalf given any statement as defined by the Pennsylvania Rules of Civil Procedure concerning this action or the subject matter, and if so identify: a. Name and address of each person to whom the statement was given; b. Date each statement was given; c. Name and address of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 3 9. Have you or anyone acting on your behalf, including your insurance company conducted an investigation of the accident and/or incident that is the subject of this Complaint? ANSWER: 10. If the answer to the preceding Interrogatory is in the affirmative, identify: a. Each person and the employer of each person who conducted any investigation; b. The dates of the investigation; c. All notes, reports or other documents prepared during or as a result of the investigation and the identity of each person who has possession thereof. ANSWER: 11. If you, your employees, attorney or his representatives are in possession of any photographs concerning the subject matter of this incident, please state: a. Number of photographs taken; b. Date taken; c. Name, address and occupation of the person in possession of the photographs. ANSWER: 4 12. Do you, your attorney, insurance carrier, their representatives or anyone acting on your, or their behalf, have, or have knowledge of, any drawing, map, plan, blueprint, chart, diagram, model or other graphic representation of: a. The scene of the incident and/or accident; b. Any object, place or thing involved in or relevant to this incident and/or accident; c. Any reconstruction or simulation of any aspect of this incident and/or accident. ANSWER: 13. Explain fully your version of the manner in which this incident occurred. ANSWER: 14. What were the lighting conditions at the time and place of this accident? ANSWER: 15. Has anyone to your knowledge been injured in any incident such as the incident in question, either before or after this incident? ANSWER: 16. If your answer to the above Interrogatory is yes, state: a. When said incident occurred and the exact location on your premises. b. The name of the individual involved. 5 c. If a claim was instituted and if so, how it was resolved. d. If any lawsuit ensued from any such incident and the name of the court and civil action number. ANSWER: 17. At the time of the incident as set forth in Plaintiff's Complaint, were you insured on any policy of insurance whether primary, secondary, supplemental or umbrella that would cover the losses as set forth in the Complaint? ANSWER: 18. If you answered the preceding Interrogatory in the affirmative, state the following: a. The name of each insurance policy; b. The effective dates of each policy; c. The type of coverage on each policy; d. The coverage limits on each policy; e. The amount of any deductible or co-payment on each policy. ANSWER: 19. Do you contend that any of the following caused or contributed to the happening of the incident and/or to any injuries or damages claimed in the Complaint: a. The negligence of any other party; 6 b. The negligence of Plaintiff; c. Negligence on the part of anyone not a party to this lawsuit. ANSWER: 20. If your answer to any part of the above Interrogatory is yes, state for each affirmative response: a. Your contention(s) as to each cause or contributing factor; b. Each fact known to you which supports each contention; c. The name, address, and telephone number of each person known to you caused or contributed to the incident; d. Everything each such person did or failed to do which you contend caused or contributed to it; e. The name, business and residence addresses, and telephone number of each person who claims to possess knowledge of any such fact; f. A description of each and every writing relating to any such contention; and g. The name, business and residence addresses, and telephone number of the custodian of any such writing. ANSWER: 21. List the names and addresses of all persons who you intend to call as witnesses at the trial of this case. ANSWER: 7 22. With respect to each such person identified in the preceding Interrogatory, identify the fact or facts which that witness knows, the opinion said person holds, the source of that knowledge and/or opinion and any documents related in any way to that person's anticipated testimony. ANSWER: 23. Give the name and address of each person known to you who has been contacted as a fact witness. ANSWER: 24. Identify each person whom you expect to call as an expert witness at trial, and state that person's qualifications as an expert and state that person's qualifications as an expert and state the subject matter in which such expert is expected to testify. ANSWER: 25. For each expert identified in the answer to the preceding Interrogatory, state the substance of the facts and opinions to which the expert is expected to testify and for each such opinion, summarize the grounds for that opinion. ANSWER: 8 26. For each expert identified in the preceding Interrogatory, state whether that expert has based his or her opinion, in whole or in part on any published article, journal or any written publication and identify that publication and/or material. ANSWER: 27. Has the expert whom you intend to call at trial relied in any way upon any published writing in formulating the substance of his anticipated testimony? ANSWER: 28. If the answer to the preceding Interrogatory is in the affirmative, identify said published writing by title, author and place publication. ANSWER: 29. Identify all documents reviewed by the expert identified in the preceding Interrogatory and all reports prepared for you by those experts. ANSWER: 30. What security measures were in place at Hot Point Commons on the date of the incident to control the entry of persons onto the grounds of Hot Point Commons. ANSWER: 9 31. On the date of the incident, did you have any security personnel in your employ? If yes, were any personnel assigned to Hot Point Commons and if so, what times and describe their job functions. ANSWER: 32. Is Hot Point Commons leased exclusively to Shippensburg University students? ANSWER: 33. When did Hot Point Commons become available for occupancy? ANSWER: 34. List by date and describe any and all criminal activity, complaints, disturbances, incidents, reports, and police involvement occurring on the grounds of Hot Point Commons since it became available for occupancy. ANSWER: 35. On the date of the incident, did Defendant have a plan in place to control or limit disturbances or criminal conduct at Hot Point Commons? If yes, describe the plan. 10 ANSWER: 36. Describe the lighting configuration at Hot Point Commons on the date of the incident. Has this changed since the date of the incident? ANSWER: 37. Were any security/surveillance cameras in place at Hot Point Commons on the date of the incident? If yes, describe the type of camera, number of cameras, and the location of cameras. Has this changed in any respect since the date of the incident? ANSWER: DON :,DONZE r.• By 1L21 . • G1EORGE S. 1!. E Attorney for Plaintiff Attorney I.D. #30082 Willowdale Town Center Routes 926 and 82 696 Unionville Road, Suite #6 Kennett Square, PA 19348 Tel: 610-444-8018 Fax: 610-444-8040 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. PATRICK J. TAYLOR Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION Defendant : PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied; photocopied or tangible things are to be produced at the Office of George S. Donze, Esquire, 696 Unionville Road, Suite 6, Kennett Square, Pennsylvania, within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. 4007.4. 1. The entire contents of any investigation file or files and any other documentary material in your possession that support or relate to the allegations of Plaintiff's Complaint (excluding references to mental impressions, conclusions of opinions representing the value of merit of the claim or defense or respecting strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4 from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the incident or any instrumentality involved therein. 1 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6. Any and all medical records, physician's reports and bills, hospital records or abstracts of same that relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. 7. Declaration sheet for any policy of insurance whether primary, secondary, supplemental or umbrella policy covering Defendant for the losses set forth in Plaintiff's Complaint. 8. Standard Lease for tenants of Hot Point Commons in effect on the date of the incident. 9. Any rules and regulations for tenants of Hot Point Commons in effect on the date of the incident. 10. Any and all policies, contracts and or agreements between Defendant and any local police, security company and/or contractors regarding any security measures in place at Hot Point Commons on the date of the incident. 11. Any and all written plans depicting lighting configuration in place at Hot Point Commons on the date of the incident. 12. Any and all written plans depicting surveillance cameras in place at Hot Point Commons on the date of the incident. 13. Any and all Foundation documents including Charters, Articles of Incorporation, Bylaws and Amendments. 2 14. Any and all corporate or Foundation Minutes regarding acquisition of or running of Hot Point Commons. 15. Any and all advertisements, whether printed or electronic regarding the marketing of Hot Point Commons for lease. DON DONZE By: /ALA& ORGE -, DOTVZE Attorney for Plaintiff Attorney I.D. #30082 Willowdale Town Center Routes 926 and 82 696 Unionville Road, Suite #6 Kennett Square, PA 19348 Tel: 610-444-8018 Fax: 610-444-8040 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • PATRICK J. TAYLOR Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION . Defendant : CERTIFICATE OF SERVICE I, GEORGE S. DONZE, hereby certify that on this 19th day of June, 2013, a complete copy of Plaintiff's Interrogatories Addressed to Defendants and Plaintiff's Request for Production of Documents Directed to Defendants have been served via U.S. Mail to the following person: Thomas E. Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 DON; ' DONZE By: A , 141‘14 e •RGE S.:11 •NZE ttorney for Plaintiff Attorney I.D. #30082 Willowdale Town Center Routes 926 and 82 696 Unionville Road, Suite #6 Kennett Square, PA 19348 Tel: 610-444-8018 Fax: 610-444-8040 EXHIBIT " B " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK J. TAYLOR • lg Plaintiff ,/ `-� • aintiff File No. VS. SHIPPENSBURG UNIVERSITY FOUNDATION Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police Commissioner and/or Custodian of Record (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Any and all documents , incident reports , police reports or the like evidencing calls for service or criminal complaints directed to the Pennsylvania State Police regarding Hot Point Commons town home community , Shippensburg , Pennsylvania 1001 through 1021 Hot Point Commons , Shippensburg , Pennsylvania 17257,. from 2006 to the present . at 696 Unionville Road, Suite 6, Kennett Square, PA 19348 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George S.Donze,Esquire ADDRESS: 696 Unionville Road,Suite 6 Kennett Square,PA 19348 TELEPHONE: 61 0-444-8018 SUPREME COURT ID#30082 ATTORNEY FOR: Plaintiff BY THE CO T: L„,e, 'inotary,Civ' r ivision Date: 211 1 g Seal of th Court Deputy PRAECIPE FOR LIS NG CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for thp7nextr) Argument Court.) l = ``- CAPTION OF CASE _„ (entire caption must be stated in full) ''y .) Patrick J. Taylor ✓ VS. J � ' C — co Shippensburg University Foundation No. 13-1239 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: • (a) for plaintiffs: George S. Donze, Esquire (Name and Address) 696 Unionville Road, Suite 6, Kennett Square, PA 19348 (b) for defendants: Thomas E. Brenner, Esquire (Name and Address) PO Box 6991 , Harrisburg, PA 17112 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 9,2013 ►- LL dor Print your name Defendant Shipppensburg University Foundation Attorney for Date: l l 3 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. an46197spd 017 CL# to•)�)a >� �9 Q(0qp CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiffs GOLDBERG KATZMAN, P.C. 77 (2 Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Shippensburg University Foundation Dated: 6 ( 13 {00651753;v1} 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } PATRICK J. TAYLOR • Plaintiff : rn vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 CD r FOUNDATION "• t •- Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAN' `P RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Patrick J. Taylor, certify that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to Counsel for Defendant at least twenty days prior to the date on which the subpoena is sought to be served; 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. The Required 20-Day Notice or Waiver is attached to this certificate, signed by Counsel for Defendant, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 73 ca3v Date teorge S. D ze, Esquire ONZE & DONZE 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610) 444-8018 Attorney ID# 30082 DONZE & DONZE ATTORNEYS AND COUNSELORS AT LAW WILLOWDALE TOWN CENTER,ROUTES 926 AND 82 696 UNIONVILLE RD.,SUITE#6 KENNETT SQUARE,PENNSYLVANIA 19348 GEORGE S.DONZE TEL(610) 444-8018 gdonze @donzelawcom FAX(610)444-8040 JANE MURPHY DONZE jmdonze®donzelaw.com WEB:www.donzelaw.com REGINA M.REIDENBERG rreidenberg@donzelaw com June 27, 2013 Thomas E. Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 RE: Taylor v. Shippensburg University Foundation Your File No 67443-260 Dear Tom: Enclosed please find a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 Upon Pennsylvania State Police. If you intend to waive the 20 day notice, kindly sign the attached Waiver. Thank you for your cooperation in this/ atter. Sincer I 1 , A. G ORGE S. D•1r ZE GSD:eb Enclosures IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR • Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION Defendant : NOTICE OF INTENT TO SERVE A.SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 UPON PENNSYLVANIA STATE POLICE TO: Thomas E. Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Plaintiff, Patrick J. Taylor, by and through his attorney, George S. Donze, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20) days from the date below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served /G 14(3 rs Date G;orge S. Don e, Esquire ONZE &DONZE 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610) 444-8018 Attorney ID# 30082 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK J.TAYLOR • • Ve9 Plaintiff File No. / VS. SHIPPENSBURG UNIVERSITY FOUNDATION Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police Commissioner and/or Custodian of Record (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Any and all documents , incident reports , police reports or the like evidencing calls for service or criminal complaints direct6d to the Pennsylvania State Police regarding Hot Point Commons town home community , Shippensburg , Pennsylvania 1001 through 1021 Hot Point Commons , Shippensburg , Pennsylvania 172.57,. from 2006 to the present. at 696 Unionville Road, Suite 6, Kennett Square, PA 19348 • (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George S.Donze,Esquire ADDRESS: 696 Unionville Road,Suite 6 Kennett Square,PA 19348 TELEPHONE: 610-444-8018 SUPREME COURT ID#30082 ATTORNEY FOR: Plaintiff BY THE CO rT: // ' • !notary,Civ' livision Date: 2h 1 g Seal of th Court Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • PATRICK J. TAYLOR Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION Defendant : 20-DAY WAIVER OF OBJECTION TO THE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 I, Thomas E. Brenner, Esquire, attorney for Defendant,hereby waive the twenty (20) day Notice of Intention to Serve a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 upon Pennsylvania State Police. I agree the subpoena may be served at any time upon receipt of this Waiver. Date: By: Thomas E. Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 717-234-4161 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • PATRICK J. TAYLOR Plaintiff : vs. SHIPPENSBURG UNIVERSITY : CASE NO. 13-1239 FOUNDATION Defendant : 20-DAY WAIVER OF OBJECTION TO THE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 I, Thomas E. Brenner, Esquire, attorney for Defendant, hereby waive the twenty (20) day Notice of Intention to Serve a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 upon Pennsylvania State Police. I agree the subpoena may be served at any time upon receipt of this Waiver. Date: � \3 B : t _ . • .s . Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 717-234-4161 GoldbergKatzman A T T O R N E Y S at L A W July 1, 2013 George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Re: Patrick J. Taylor vs. Shippensburg University Foundation Docket No.: 13-1239 Our File No.: 67443-260 Dear George: I enclose the 20 day Waiver for your Subpoena for records from the Pennsylvania State Police. Please provide a copy of any records received in response to this Subpoena to me. ry my y rs, .`i1.enias E. Brenner teb@goldbergkatzman.com TEB/lsb Enclosure (00653108;v1) 4250 Crums Mill Road,Suite 301 P.O.Box 6991 Harrisburg,PA 17112 1 717-234-4161 I fax:717-234-6808 I www.goldbergkatzman.com Plus convenient offices in downtown Harrisburg,Lancaster and Carlisle. ' ;;0;411 111,1-of is {' .. tot PATRICK J. TAYLOR, nizt Plaintiff ,fc4- �, . v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT SHIPPENSBURG UNIVERSITY FOUNDATION, Defendant 2013-01239 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT; OR ALTERNATIVELY, MOTION FOR A MORE SPECIFIC COMPLAINT BEFORE HESS, P.J., MASLAND, AND PLACEY, JJ ORDER OF COURT AND NOW, this 4th day of October 2013, upon review of the preliminary objections, briefs and arguments of counsel, the preliminary objection to strike the Compliant based on legal insufficiency is DENIED. The relimina objections that the Complaint fails to specifically aver what p ry J Defendant knew, should have known or anticipated as to the acts of third persons is GRANTED. Plaintiff is given leave to file an Amended Complaint that contains these specific averments within twenty (20) days of this Order. _ _ • u ` , Thom l A. Placey C.P-=J. L Distribution: wX) -4 m George S. Donze, Esq. c> - C? omas E. Brenner, Esq. ` pa, � /c/403 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PATRICK J. TAYLOR Plaintiff VS. , SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION CD Defendant Mr" C-1 -40 F- r- tv � z NOTICE TO DEFEND CD You have been sued in court. If you wish to defend against the claims set forth tire} 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 other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PATRICK J. TAYLOR Plaintiff VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant AMENDED CIVIL ACTION COMPLAINT 1. Plaintiff is an adult individual currently residing at 37 Mystery Rose Lane, West Grove, PA 19390. 2. Defendant is a foundation, organized and existing pursuant to the laws of the Commonwealth of Pennsylvania which is affiliated with but a separate entity from Shippensburg University, which at all times material hereto, was the owner and operator of a 21-unit off- campus town home community known as Hot Point Commons. At all times material hereto, Defendant acted through its agents, servants, workmen and employees. 3. At all times material hereto, Defendant leased the units in Hot Point Commons exclusively to Shippensburg University students and held Hot Point Commons out as being "safe". 4. On March 18, 2011, Plaintiff was a full-time student at Shippensburg University and was in attendance at a party being held in Unit 1 of the Hot Point Commons hosted by Shippensburg students who were also tenants of Hot Point Commons and Defendant. 5. While attending said party and while in townhouse unit#1, a verbal confrontation between Plaintiff and other unknown individuals ensued whereupon Plaintiff was punched in the face and about his head by some of these unknown individuals who were attendees of the party and who, upon information and belief, were not Shippensburg University students. 6. After absorbing these blows, Plaintiff attempted to flee and escape the premises and was in a common area of the townhome complex when he was again viciously attacked, assaulted, beaten,punched,kicked and stomped on by the same individuals who struck him inside the residence and others who, upon information and belief, were not Shippensburg University Students and not invited guests of the Shippensburg University residents at the Hot Point Commons townhome in question. 7. As a result of the aforementioned beatings/physical assault, Plaintiff sustained multiple injuries to his person, including but not limited to an acute head injury, a right orbital floor blowout fracture with entrapment of the right interior rectus muscle, a retrolubar hematoma and a right aricular hematoma, a nasal fracture and multiple dental fractures all of which required emergency room treatment,helicopter transport, additional hospital treatment and surgical repair of his facial lacerations and orbital floor fracture, optholomogic care, dental care and follow up care, all of which have in the past and may in the future cause Plaintiff great physical pain, suffering, inconvenience and the loss of the pleasures of life, all to his financial loss and detriment. 8. As a result of the injuries sustained by Plaintiff,he has incurred and will likely continue to incur medical and dental expenses for the treatment rendered to him for the injuries he suffered in this attack. 9. As a result of this attack and the injuries sustained by Plaintiff as set forth above, Plaintiff was forced to miss the remainder of the Spring, 2011 semester at Shippensburg University and was not eligible for a refund of the tuition he had paid in advance for that semester. 10. Upon information and belief, Defendant knew or in the exercise of reasonable diligence, should have known and/or should have anticipated the following with respect to the acts of third persons: a. That third persons had previously committed or were likely to commit crimes or disruptions on the premises of Hot Point Commons; b. That unsupervised parties were routinely held on the premises of Hot Point Commons where alcoholic beverages were served to guests, including underage guests to excess which lead to or could lead to fights, disturbances and criminal conduct; c. That non-residents frequented Hot Point Commons, and had previously committed or were likely to commit crimes or other disturbances on the premises of Hot Point Commons; d. That non-Shippensburg students frequented the premises of Hot Point Commons, and had previously committed or were likely to commit crimes on the premises of Hot Point Commons; e. That non-invited guests had frequented the premises of Hot Point Commons and had previously committed or were likely to commit crimes or disturbances on the premises of Hot Point Commons. 11. The losses sustained by Plaintiff as set forth above were caused by the negligence and carelessness of Defendant which consisted of the following: a. Failing to maintain adequate security at Hot Point Commons; b. Failing to police the premises and provide security in the common areas of Hot Point Commons; c. Failing to implement adequate access control to Hot Point Commons; d. Failing to execute the security measures in place at Hot Point Commons; e. Failing to limit and control ingress and egress to Hot Point Commons; f. Failing to take reasonable precaution against foreseeable third party criminal conduct when it knew or should have known that Hot Point Commons was frequented by individuals whose purpose was to engage in criminal activity; g. Failing to provide adequate primary and secondary security measures such as security lighting and security/surveillance cameras; h. Failing to provide adequate security despite knowledge that Hot Point Commons was "off-campus" and therefore not under the jurisdiction of the Shippensburg University campus police; was located in Shippensburg Township and therefore not within jurisdiction of the Shippensburg Borough police; and with full knowledge that any criminal activity would fall under the jurisdiction of the Pennsylvania State Police whose closest barracks was located in Carlisle, Pennsylvania, approximately 30 minutes away; i. Failing to exercise reasonable care despite the knowledge that criminal acts were being performed or likely to be performed at Hot Point Commons; j. Failing to take reasonable precautions against harmful third party conduct that could have or should have been anticipated; k. Failing to adequately supervise or have supervisory personnel on the premises to monitor the premises and the conduct occurring at the premises; 1. By breaching its duty pursuant to the Restatement Second of Torts §§344 and 323. 12. As a result of the negligence and carelessness of Defendant as more fully set forth above, Plaintiff sustained the injuries and damages more fully set forth above. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against Defendant in an amount in excess of$50,000.00 DONZE & NZE 0/��3 By: Date Gorge S. Don Attorney for Plaintiff 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610) 444-8018 Attorney ID# 30082 VERIFICATION I, Patrick J. Taylor, verify that the statements made in the foregoing Amended Civil Action Complaint are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. /0115 3 Date PATRICK J. TAYLOR J ". if U is Thomas E.Brenner,Esquire Attorney I.D.32085 ^9 ? r,4 r p@u yy Y MUlJ f�t�� -$ iSir P.O.Box 6991 Harrisburg,PA 17112 Phone:(717)234-4161 t .=�= ti r�ND C O LI N' Attorney for Shippensburg University Foundation PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 VS. SHIPPENSBURG UNIVERSITY Civil Action-Law FOUNDATION Defendant PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ to Join Additional Defendants to this matter Josh Rakvin 5 Oaklyn Circle Shrewsbury, York County, Pennsylvania Tyler Ward 2 Gateway Drive Shrewsbury, York County, Pennsylvania Nicholas Phillips 12 Beechwood Drive Reading, Berks County, Pennsylvania Connor Rumberger 8 Turffle Lane Mechanicsburg, Cumberland County, Pennsylvania X Writ to Join shall be issued and forwarded to ( )Attorney (X)Sheriff {00669478;v1} GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. BOX 6991 Harrisburg, PA 17112 Dated: (�' ( 13 (717) 234-4161 {00669478;v I CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiffs GOLDBERG KATZMAN, P.C. By. renner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Shippensburg University Foundation Dated: J( J S` 13 {00669478;v I I WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to Josh Rakvin, 5 Oaklyn Circle, Shrewsbury, PA Tyler Ward, 2 Gateway Drive, Shrewsbury, PA Nicholas Phillips, 12 Beechwood Drive, Reading, PA Connor Rumberger, 8 Turffle Lane, Mechanicsburg, pa You are notified that Shippensburg University Foundation have joined you as an additional defendant in this action, which you are required to defend. Date: November 14, 2013 I David D. Buell, Prothonotary Deputy (Seal' No. 13-1239 Civil Term Patrick J. Taylor vs Shippensburg University Foundation Defendant Josh Rakvin, Tyler Ward, Nicholas Phillips & Connor Rumberger Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Defendant Thomas E.Brenner,Esquire Attorney for Defendant Shippensburg Univerrsttp- uS atimr�, Attorney I.D. 32085 S.Baker Kensinger,Esquire 2C13 NOV I20 AM11: Attorney I.D.208305 P.O.Box 6991 CWIBER# V4D COUNTY Harrisburg,PA 17112 PENNSYLVANIA Phone:(717)234-4161 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 vs. SHIPPENSBURG UNIVERSITY • Civil Action-Law FOUNDATION Defendant NOTICE TO PLEAD TO: Patrick J. Taylor do George S. Donze, Esquire 696 Unionville Road, Suite 6 Kennett Square, PA 19348 You are hereby notified to file a written response to the Answer with New Matter to Amended Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, GOLDBERG KATZMAN,P.C. By: -.,.✓. Thomas-t 3renner, Esquire Attorney I.D. 32085 S. Baker Kensinger, Esquire Attorney I.D. 208305 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717) 234-4161 Fax: (717) 234-6808 Date: tl \3 (00668404;v1) {00668404;v1} Thomas E.Brenner,Esquire Attorney for Defendant Shippensburg University Foundation Attorney I.D.32085 S.Baker Kensinger,Esquire Attorney I.D.208305 P.O.Box 6991 Harrisburg,PA 17112 Phone: (717)234-4161 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 vs. SHIPPENSBURG UNIVERSITY • Civil Action-Law FOUNDATION Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, Shippensburg University Foundation, by and through its attorneys, Goldberg Katzman, P.C., responds to Plaintiff's Amended Complaint as follows: 1. Admitted upon information and belief. 2. Admitted in part and denied in part. It is admitted that the Defendant, Shippensburg University Foundation ("SUF"), is a foundation organized and existing pursuant to the laws of the Commonwealth of Pennsylvania. It is further admitted that SUF is affiliated with, but separate from, Shippensburg University. It is further admitted SUF was the owner and operator of a 21 unit off-campus townhome community known as Hot Point Commons. The remainder of this paragraph is denied as a legal conclusion to which no response is required. 3. Admitted in part and denied in part. It is admitted that SUF leased units at Hot Point Commons exclusively to Shippensburg University students. It is specifically denied that SUF held Hot Point Commons out as being "safe,"and strict proof thereof is demanded at trial. 1 {00668404;v1} 4. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such, they are denied. 5. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such, they are denied. 6. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such, they are denied. 7. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such, they are denied. 8. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 9. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 10. The averments of this paragraph and subparagraphs (a) — (e) are denied. Strict proof of such is demanded at final trial. 11. Denied as a legal conclusion to which no response is required. By way of further answer, to the extent that an answer is deemed necessary, the averments of each subparagraph is denied. 2 {00668404;v1} 12. Denied. It is denied that SUF was negligent or careless. By way of further answer, this paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff. NEW MATTER 13. Plaintiff has failed to state a claim for which relief can be granted. 14. Plaintiff's claims are barred by the equitable doctrine of unclean hands. 15. Plaintiff has failed to mitigate his damages. 16. Plaintiff's damages have resulted from his own actions. 17. SUF owed no duty to Plaintiff. 18. SUF assumed no duty to Plaintiff. 19. SUF is not liable for, and has no legal duty to prevent, the injuries allegedly sustained by Plaintiff as the result of the criminal actions of a third party. 20. Plaintiff's injuries, if any, arose through no fault of SUF. 21. SUF did not provide security at High Point Commons. 22. Plaintiff's injuries, if any,were caused by actions of an un-named third party. WHEREFORE, Defendant Shippensburg University Foundation respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. 3 {00668404;v1) Respectfully submitted, GOLDBERG KATZMAN, P.C. B y:. 1' Thomas E.,Brenner, Esquire Attorney I.D. 32085 S. Baker Kensinger, Esquire Attorney I.D. 208305 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717) 234-4161 Fax: (717) 234-6808 Date: t 43 4 {00668404;vI} VERIFICATION I C} yv e. t...1t 0-129:e, a representative of Shippensburg University Foundation, hereby acknowledge that I have read the foregoing Answer, and that the facts stated therein are true and correct to the best of my knowledge,information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904,relating to unworn falsification to authorities. Shippensburg University Foundation Atm By: dri Date: j/ / 13 5 (00668404;v') i to n CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail,postage prepaid: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiff GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 S. Baker Kensinger, Esquire Attorney I.D. No. 208305 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Shippensburg University Foundation Dated: t`',`�� 6 • {00668404;v1} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t I L i Sheriff y Veatr, �t �arrraia��f,rt Jody S Smith O 1,JI JDELr,* IS F11 3 Chief Deputy �� _ Richard W Stewart vl s"1 L2 E' L.�' UO J N Solicitor OFR C E P E N tI S Y E�'t�W A Patrick J Taylor Case Number vs. Shippensburg University Foundation (et al.) 2013-1239 SHERIFF'S RETURN OF SERVICE 11/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Tyler Daniel Ward, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Writ to Additional Defendant according to law. 11/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicholas Phillips, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Berks, Pennsylvania to serve the within Writ to Additional Defendant according to law. 11/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Josh Rakvin, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Writ to Additional Defendant according to law. 11/20/2013 07:05 PM-The requested Writ to Additional Defendant served by the Sheriff of @ForeignCountyName County upon Nicholas Phillips, personally, at 12 Beechwood Drive, Reading, PA. @ForeignSheriffName, Sheriff, Return of Service attached to and made part of the within record. 11/21/2013 Sergeant Jason Vioral served the requested Writ to Additional Defendant by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Connor Rumberger at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. E361..ON VIO L, DEPUTY 12/06/2013 08:05 AM -The requested Writ to Additional Defendant served by heriff York County upon Tyler Daniel Ward, personally, at 2 Gatewood Drive, Shrewsburg, PA 1 ' and P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 12/17/2013 The requested Writ to Additional Defendant returned by the Sheriff of York County, the within named Defendant Josh Rakvin, not found. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. Defendant was found to have moved; per USPS, mail is delivered to address given. SHERIFF COST: $105.76 SO ANSWERS, x zx� December 17, 2013 RbNW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ES Sheriff Solici Reuben B Zeager Richard E Rice Chief Deputy, Operations Chief Deputy,Administrate PATRICK J. TAYLOR Case Number vs. SHIPPENSBURG UNIVERSITY FOUNDATION (et al.) 13-1239 CIVIL SHERIFF'S RETURN OF SERVICE 11/25/2013 01:00 PM - DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: JOSH RAKVIN AT 5 OAKLYN CIRCLE, SHREWSBURY, PA 17361. THE DEFENDANT WAS FOUND TO HAVE MOVED. 12/06/2013 08:05 AM - DEPUTY BRET NEWCOMER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT TO JOIN ADDITIONAL DEFENDANT(WTJAD) BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: TYLER WARD AT 2 GATEWOOD DRIVE, SHREWSBURY, PA 17361, BRET NEWCOMER, DEPUTY 12/13/2013 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: JOSH RAKVIN, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED WRIT TO JOIN ADDITIONAL DEFENDANT (WTJAD)AS "NOT FOUND"AT 5 OAKLYN CIRCLE, SHREWSBURY, PA 17361. PER POST OFFICE CHECK MAIL IS DELIVERED TO ADDRESS GIVEN. SHERIFF COST: $132.16 SO ANSWERS, December 13, 2013 RICFIARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ... .. .. ...... - - ----- -. .-. ...-.. . ..-. ...........I................ ....... . . NOTARY Affirmed and subscribed to before me this 13TH day of DECEMBER 2013 COUNTY OF BERKS, PENNSYLVANIA Y"�� SHERIFF'S DEPARTMENT Courthouse-3rd Floor Phone:610.478.6240 633 Court Street Fax:610.478.6222 Reading, PA 19601 ,S'*CoU�yt� Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 13-CUMB 1239 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF BERKS Personally appeared before me, Charles Parrott,Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading,Pennsylania,who being duly sworn according to law, deposes and says that on 11/20/2013 7:05:OOPM,he served the annexed Writ to Join Add'l Defendant upon NICHOLAS PHILLIOPS,within named defendant,by handing a copy thereof to NICHOLAS PHILLIOPS,HIM personally, at 12 BEECHWOOD DRIVE,Exeter Township, Berks County, Pa., and made known to defendant the contents thereof. DEPUTY SHERIFF OF BERKS COUNTY.,PA Sworn and subscribed before me Charles Parrott thq s 2 day of Nov 13 NOTARY PUBLI ,_READING,BERKS CO.,PA Services made as set forth above NOTARIAL SEAL REBECCA OXENREIDER So Answers, Notary Public CITY OF READING, BERKS COUNTY My Commission Expires Feb 22,2016 SHERIF OF BERKS COUNTY,PA Eric J. Weaknecht Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 33.04 ACTUAL COST OF CASE $ 66.96 AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2,Act of June 20, 1911,P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Additional Defendant Julia A. Morrison, Esquire Tyler Ward I.D. No. 307256 c-) 301 Market Street P. O. Box 109 m Lemoyne, Pennsylvania 17043-0109 cn (717) 761-4540 jbr @jdsw.com y. ° o jam@jdsw.com co PATRICK J. TAYLOR, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs • NO. 13-1239 v. • • CIVIL ACTION — LAW SHIPPENSBURG UNIVERSITY FOUNDATION, • • Defendant • PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter the appearance of Jeffrey B. Rettig, Esquire and Julia A. Morrison, Esquire on behalf of Additional Defendant, Tyler Ward, in the above-captioned action. Re •ectf lye su itt- By. < Frey B. Rettig, • ire (I.D. No. 19616) Julia A. Morrison, - quire (I.D. No. 307256) 301 Market Street P 0 Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr @jdsw.com /jam @jdsw.com Counsel for Additional Defendant Tyler Ward :597396 CERTIFICATE OF SERVICE AND NOW, this day of December, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: George S. Donze, Esquire Donze & Donze 696 Unionville Road Suite 6 Kennett Square, PA 19348 Counsel for Plaintiff Thomas E. Brenner, Esquire S. Baker Kensinger, Esquire Goldberg Katzman, P.C. P 0 Box 6991 Harrisburg, PA 17112 Counsel for Defendant Shippensburg University Foundation Josh Rakvin 5 Oaklyn Circle Shrewsbury, PA 17361 Additional Defendant Nicholas Phillips 12 Beechwood Drive Reading, PA 19606 Additional Defendant Connor Rumberger 8 Turffle Lane Mechanicsburg, PA 17055 Additional Defendant JOHNSON, DUFFIE, STEWART &WEIDNER �e rey B. Rettig Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Additional Defendant Julia A. Morrison, Esquire Tyler Ward I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 , ', C jbr @jdsw.comz jam @jdsw.com rnCO ° rr ,'`rrl to. {V _ ,. -(> CA) :. , ' ---- < -p C:3-, PATRICK J. TAYLOR, : IN THE COURT OF COMMON :: LAgOF= co CUMBERLAND COUNTY, I' VA ``` Plaintiffs • •: NO. 13-1239 V. . : CIVIL ACTION — LAW SHIPPENSBURG UNIVERSITY : FOUNDATION, : • Defendant : PRAECIPE FOR RULE TO FILE A JOINDER COMPLAINT Kindly issue a Rule to the Defendant to file its Joinder Complaint with twenty (20) days of the date of service thereof, or suffer judgment of non pros. 410 Res,- submi -d, By: rp / _w_,- e'rey B. Rettig, Es,. ir- (I.D. No. 19616) lia A. Morrison, :sq re (I.D. No. 307256) 301 Market Street P O Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr @jdsw.com /jam @jdsw.com Counsel for Additional Defendant Tyler Ward :597400 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Additional Defendant Julia A. Morrison, Esquire Tyler Ward I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com jam @jdsw.com PATRICK J. TAYLOR, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNA. • Plaintiffs • NO. 13-1239 • v. • CIVIL ACTION — LAW • SHIPPENSBURG UNIVERSITY • FOUNDATION, • • Defendant RULE TO FILE JOINDER COMPLAINT AND NOW, this c2 3 day of bee- , 2013, a Rule is hereby issued to Shippensburg University Foundation to file your Joinder Complaint in the above- captioned action within twenty (20) days of the date of service hereof, or suffer judgment of non pros. Proth notary, By: • I/ it ► . ILA 4 AA/0 � , DR D,13111tLL F chano CERTIFICATE OF SERVICE AND NOW, this I g day of December, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Rule to File Joinder Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: George S. Donze, Esquire Donze & Donze 696 Unionville Road Suite 6 Kennett Square, PA 19348 Counsel for Plaintiff Thomas E. Brenner, Esquire S. Baker Kensinger, Esquire Goldberg Katzman, P.C. P 0 Box 6991 Harrisburg, PA 17112 Counsel for Defendant Shippensburg University Foundation Josh Rakvin 5 Oaklyn Circle Shrewsbury, PA 17361 Additional Defendant Nicholas Phillips 12 Beechwood Drive Reading, PA 19606 Additional Defendant Connor Rumberger 8 Turffle Lane Mechanicsburg, PA 17055 Additional Defendant JOH► _ ! , DUFF , ST WART &WEIDNER B . AO _,/_ f 0 -y B. Rettig , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff -c -u co Docket No.: 13-1239 V. �- SHIPPENSBURG UNIVERSITY Civil Action- Law FOUNDATION E5 Defendant v z V. JOSH RAKVIN,TYLER WARD, NICHOLAS PHILLIPS,AND CONNOR RUMBERGER Additional Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 {00672480;vl) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 V. SHIPPENSBURG UNIVERSITY Civil Action- Law FOUNDATION Defendant V. JOSH RAKVIN,TYLER WARD, NICHOLAS PHILLIPS, AND CONNOR RUMBERGER Additional Defendants NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 2 {00672480;v1} Thomas E.Brenner,Esquire Attorney I.D. 32085 S.Baker Kensinger,Esquire Attorney I.D.208305 P.O.Box 6991 Harrisburg,PA 17112 Phone: (717)234-4161 Attorney for Defendant Shippensburg University Foundation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 V. SHIPPENSBURG UNIVERSITY Civil Action-Law FOUNDATION Defendant V. JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS,AND CONNOR RUMBERGER Additional Defendants DEFENDANT'S JOINDER COMPLAINT AND NOW, comes the Defendant, Shippensburg University Foundation ("SUF"), by and through its attorneys, Goldberg Katzman, P.C., who hereby files this Joinder Complaint pursuant to Pa. R.C.P. 2252 and, in support thereof, avers the following: 1. Additional Defendant Josh Rakvin is an adult individual with an address of 5 Oaklyn Circle, Shrewsbury, York County, Pennsylvania. 2. Additional Defendant Tyler Ward is an adult individual with an address of 2 Gateway Drive, Shrewsbury, York County, Pennsylvania. 3 {00672480;v 1} 3. Additional Defendant Nicholas Phillips is an adult individual with an address of 12 Beechwood Drive, Reading, Bucks County, Pennsylvania. 4. Additional Defendant Connor Rumberger is an adult individual with an address of 8 Turffle Lane, Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff Patrick Taylor initiated the instant action by filing a Writ of Summons on March 7, 2013. 6. Subsequently, a Complaint was filed on June 3, 2013, alleging a single count of negligence against SUF. 7. SUF, thereafter, filed Preliminary Objections on or about June 24, 2013. 8. The Preliminary Objections were fully briefed and argument was held on August 9, 2013. 9. By Order dated October 4, 2013, SUF's Preliminary Objections were granted in part and denied in part, and Plaintiff was given leave to file an Amended Complaint. 10. An Amended Complaint was filed on October 23, 2013. (See, Exhibit"A") 11. On November 14, 2013, SUF filed a Writ to Join the Additional Defendants listed above. 12. Thereafter, SUF filed an Answer with New Matter on or about November 18, 2013. (See, Exhibit`B") 13. In the Amended Complaint, Plaintiff alleges that, on March 18, 2011, he was physically assaulted while attending a party in Unit 1 of the Hot Point Commons complex. (Amended Complaint, ¶¶4-5). 14. SUF owns and operates the 21 unit off-campus housing community known as Hot Point Commons. 4 {00672480;v 1} 15. Plaintiff alleges that SUF was negligent in failing to provide security at Hot Point Commons, resulting in Plaintiff's injuries. 16. The Additional Defendants, at all relevant times, were tenants of Hot Point Commons Unit 1. (See Lease Agreement, a copy of which is attached hereto as Exhibit"C"). 17. Paragraph 22 of the Lease Agreement specifically states that: "Tenant hereby agrees and acknowledges that Landlord shall not provide and shall have no duty to provide any security services to Tenant or the Property. Tenant shall look solely to the applicable police force for security protection. Tenant agrees and acknowledges that protection against criminal action is not within the power of the Landlord, and, even if from time to time Landlord provides security services, those services cannot be relied upon by Tenant and shall not constitute a waiver of nor in any manner modify the above agreement. Landlord shall not be liable for failure to provide adequate security services or for criminal or wrongful acts by others against Tenant, family, licensees, invitees or guests." (Exhibit C, ¶22). 18. Paragraph 2 expressly prohibits underage drinking at the rental unit. (Exhibit C, ¶ 2). 19. Further, paragraph 30 of the Lease entitled "Payment of Judgments, Etc." expressly imposes liability upon the Additional Defendants to the extent that any liability is imposed upon SUF as a result of Plaintiff's suit. 20. Paragraph 30 of the Lease states: Tenant shall bear, pay and discharge, when and as the same shall become due and payable all judgments and lawful claims for damages or otherwise against Landlord, arising from Tenant's use or occupancy of the Property, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease; provided, however, that Landlord shall have the option of defending such suits, at Tenant's expense. Tenant agrees to protect, indemnify and save harmless Landlord, and Landlord's agents, servants and employees for any damages caused by reason of the use or misuse of the Property, or any part thereof, due to the negligence of Tenant and/or Tenant's agents, 5 {00672480;v1} servants, employees, visitors and individuals for whom Tenant is responsible. In consideration of securing this Lease, Tenant does hereby release and discharge the Landlord, its agents, servants, employees, successors and/or assigns, from any and all liability by reason of any injury, loss and/or damage to any person and/or property in the Property, whether belonging to Tenant or to any other person, caused by any fire, the breaking, bursting, stoppage and/or leaking of any water pipe, sewer, basin, water closet and drain in any part of portion of the Property and any part or portion of the building and/or complex, unless directly attributable to the Landlord's willful misconduct." (Exhibit C, ¶ 30). 21. All Additional Defendants signed the Lease Agreement. 22. If the Plaintiff is successful at trial, Additional Defendants are either solely liable to Plaintiff for the alleged damages,jointly and severally liable to Plaintiff, or liable over to the Defendant for indemnity and/or contribution. WHEREFORE, Defendant Shippensburg University Foundation respectfully requests that Additional Defendants Josh Rakvin, Tyler Ward, Nicholas Phillips and Connor Rumberger be found solely liable on Plaintiff's claims, joint and severally liable on Plaintiffs claims or liable over to Defendant, for indemnity or contribution on Plaintiff s claims. CGOLD G KA ZMAN, P.C.By: Brenner, Esquire Attorney I.D. 32085 S. Baker Kensinger, Esquire Attorney I.D. 208305 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717) 234-4161 Fax: (717) 234-6808 Date: ��Ek (3 6 {00672480;v1} VERIFICATION a representative of Shippensburg University Foundation,hereby acknowledge that I have read the foregoing Answer, and that the facts stated therein are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Shippensbur University Found n Date: 7 {00672480;v1} EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL DIVISION PATRICK J. TAYLOR Plaintiff VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant == NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PATRICK J. TAYLOR Plaintiff VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant " AMENDED CIVIL ACTION COMPLAINT 1. Plaintiff is an adult individual currently residing at 37 Mystery Rose Lane, West Grove,PA 19390. 2. Defendant is a foundation, organized and existing pursuant to the laws of the Commonwealth of Pennsylvania which is affiliated with but a separate entity from Shippensburg University,which at all times material hereto, was the owner and operator of a 21-unit off- campus town home community known as Hot Point Commons. At all times material hereto, Defendant acted through its agents, servants,workmen and employees. 3. At all times material hereto,Defendant leased the units in Hot Point Commons exclusively to Shippensburg University students and held Hot Point Commons out as being "safe'. 4. On March 18, 2011,Plaintiff was a full-time student at Shippensburg University and was in attendance at a party being held in Unit 1 of the Hot Point Commons hosted by Shippensburg students who were also tenants of Hot Point Commons and Defendant. 5. While attending said party and while in townhouse unit#1, a verbal confrontation between Plaintiff and other unknown individuals ensued whereupon Plaintiff was punched in the " face and about his head by some of these unknown individuals who were attendees of the party and who,upon information and belief,were not Shippensburg University students. 6. After absorbing these blows,Plaintiff attempted to flee and escape the premises and was in a common area of the townhome complex when he was again viciously attacked, assaulted,beaten,punched,kicked and stomped on by the same individuals who struck him inside the residence and others who,upon information and belief, were not Shippensburg University Students and not invited guests of the Shippensburg University residents at the Hot Point Commons townhome in question. 7. As a result of the aforementioned beatings/physical assault,Plaintiff sustained multiple injuries to his person,including but not limited to an acute head injury, a right orbital floor blowout fracture with entrapment of the right interior rectus muscle, a retrolubar hematoma and a right aricular hematoma, a nasal fracture and multiple dental fractures all of which required emergency room treatment, helicopter transport, additional hospital treatment and surgical repair of his facial lacerations and orbital floor fracture, optholomogic care, dental care and follow up care, all of which have in the past and may in the future cause Plaintiff great physical pain, suffering,inconvenience and the loss of the pleasures of life, all to his financial loss and detriment. 8. As a result of the injuries sustained by Plaintiff,he has incurred and will likely continue to incur medical and dental expenses for the treatment rendered to him for the injuries he suffered in this attack. 9. As a result of this attack and the injuries sustained by Plaintiff as set forth above, Plaintiff was forced to miss the remainder of the Spring, 2011 semester at Shippensburg University and was not eligible for a refund of the tuition he had paid in advance for that semester. 10. Upon information and belief,Defendant knew or in the exercise of reasonable diligence, should have known and/or should have anticipated the following with respect to the acts of third persons: a. That third persons had previously committed or were likely to commit crimes or disruptions on the premises of Hot Point Commons; b. That unsupervised parties were routinely held on the premises of Hot Point Commons where alcoholic beverages were served to guests, including underage guests to excess which lead to or could lead to fights, disturbances and criminal conduct; c. That non-residents frequented Hot Point Commons, and had previously committed or were likely to commit crimes or other disturbances on the premises of Hot Point Commons; d. That non-Shippensburg students frequented the premises of Hot Point Commons, and had previously committed or were likely to commit crimes on the premises of Hot Point Commons; e. That non-invited guests had frequented the premises of Hot Point Commons and had previously committed or were likely to commit crimes or disturbances on the premises of Hot Point Commons. 11. The losses sustained by Plaintiff as set forth above were caused by the negligence and carelessness of Defendant which consisted of the following: a. Failing to maintain adequate security at Hot Point Commons; b. Failing to police the premises and provide security in the common areas of Hot Point Commons; c. Failing to implement adequate access control to Hot Point Commons; d. Failing to execute the security measures in place at Hot Point Commons; e. Failing to limit and control ingress and egress to Hot Point Commons; f. Failing to take reasonable precaution against foreseeable third party criminal conduct when it knew or should have known that Hot Point Commons was frequented by individuals whose purpose was to engage in criminal activity; g. Failing to provide adequate primary and secondary security measures such as security lighting and security/surveillance cameras; h. Failing to provide adequate security despite knowledge that Hot Point Commons was "off-campus"and therefore not under the jurisdiction of the Shippensburg University campus police;was located in Shippensburg Township and therefore not within jurisdiction of the Shippensburg Borough police; and with full knowledge that any criminal activity would fall under the jurisdiction of the Pennsylvania State Police whose closest barracks was located in Carlisle, Pennsylvania, approximately 30 minutes away; i. Failing to exercise reasonable care despite the knowledge that criminal acts were being performed or likely to be performed at Hot Point Commons; j. Failing to take reasonable precautions against harmful third party conduct that could have or should have been anticipated; k. Failing to adequately supervise or have supervisory personnel on the premises to monitor the premises and the conduct occurring at the premises; 1. By breaching its duty pursuant to the Restatement Second of Torts §§344 and 323. 12. As a result of the negligence and carelessness of Defendant as more fully set forth above, Plaintiff sustained the injuries and damages more fully set forth above. WHEREFORE,Plaintiff demands that judgment be entered in his favor and against Defendant in an amount in excess of$50,000.00 DONZE & NZE �0�<��3 By: Date Gorge S. Do Attorney for Plaintiff 696 Unionville Rd., Suite 6 Kennett Square,PA 19348 (610)444-8018 Attorney IN 30082 VERIFICATION I, Patrick J. Taylor, verify that the statements made in the foregoing Amended Civil Action Complaint are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date PATRICK J. TAYLOR EXHIBIT B Thomas E.Brenner,Esquire Attorney for Defendant Shippensburg University Foundation Attorney I.D.32085 S.Baker Kensinger,Esquire Attorney I.D.208305 P.O.Box 6991 Harrisburg,PA 17112 Phone:(717)234-4161 IN THE COURT OF COMMON PLEAS OF < ' CUMBERLAND COUNTY,PENNSYLVANIA r- <s' PATRICK J.TAYLOR Plaintiff Docket No.: 13-1239 _ VS. -- SHIPPENSBURG UNIVERSITY Civil Action-Law . FOUNDATION Defendant NOTICE TO PLEAD TO: Patrick J.Taylor c/o George.S. Donze,Esquire 696 Unionville Road, Suite 6 Kennett Square, PA 19348 You are hereby notified to file a written response to the Answer with New Matter to Amended Complaint within. twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: Tho renner,Esquire Attorney I.D. 32085 S. Baker Kensinger, Esquire Attorney I.D. 208305 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg,PA 17112 Phone: (717)234-4161 Date: Fax: (717)234-6808 �� l�j (00668404;vl) Thomas E.Brenner,Esquire Attorney for Defendant Shippensburg University Foundation Attorney I.D.32085 S.Baker Kensinger,Esquire Attorney I.D.208305 P.O.Box 6991 Harrisburg,PA 17112 Phone:(717)234-4161 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 VS. SHIPPENSBURG UNIVERSITY Civil Action-Law FOUNDATION Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, Shippensburg University Foundation, by and through its attorneys,Goldberg Katzman, P.C., responds to Plaintiff's Amended Complaint as follows: 1. Admitted upon information and belief. 2. Admitted in part and denied in part. It is admitted that the Defendant, Shippensburg University Foundation ("SUF"), is a foundation organized and existing pursuant to the laws of the Commonwealth of Pennsylvania. It is further admitted that SUF is affiliated with, but separate from, Shippensburg University. It is further admitted SUF was the owner and operator of a 21 unit off-campus townhome community known as Hot Point Commons. The remainder of this paragraph is denied as a legal conclusion to which no response is required. 3. Admitted in part and denied in part. It is admitted that SUF leased units at Hot Point Commons exclusively to Shippensburg University students. It is specifically denied that SUF held Hot Point Commons out as being"safe,"and strict proof thereof is demanded at trial. 1 (00668404;vl) 4. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 5. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 6. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 7. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 8. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 9. Denied. After reasonable investigation, SUF is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. As such,they are denied. 10. The averments of this paragraph and subparagraphs (a) — (e) are denied. Strict proof of such is demanded at final trial. 11. Denied as a legal conclusion to which no response is required. By way of further answer, to the extent that an answer is deemed necessary, the averments of each subparagraph is denied. 2 {00668404;v l} 12. Denied. It is denied that SUF was negligent or careless. By way of further answer, this paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff. NEW MATTER 13. Plaintiff has failed to state a claim for which relief can be granted. 14. Plaintiffs claims are barred by the equitable doctrine of unclean hands. 15. Plaintiff has failed to mitigate his damages. 16. Plaintiff's damages have resulted from his own actions. 17. SUF owed no duty to Plaintiff. 18. SUF assumed no duty to Plaintiff. 19. SUF is not liable for, and has no legal duty to prevent, the injuries allegedly sustained by Plaintiff as the result of the criminal actions of a third parry. 20. Plaintiff s injuries, if any, arose through no fault of SUF. 21. SUF did not provide security at High Point Commons. 22. Plaintiff's injuries, if any,were caused by actions of an un-named third party. WHEREFORE, Defendant Shippensburg University Foundation respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. 3 {00668404;v1} Respectfully submitted, GOLDBERG KATZMAN,P.C. By: _C�— &'—. Thomas E.1Brenner,Esquire Attorney I.D. 32085 S. Baker Kensinger, Esquire Attorney I.D. 208305 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717) 234-4161 Fax: (717) 234-6808 Date: 1%1413 4 {00668404;v 1} VERIFICATION W e- t Al eAJ a representative of Shippensburg University Foundation, hereby acknowledge that I have read the foregoing Answer, and that the facts stated therein are true and correct to the best of my knowledge,information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Shippensburg University Foundation B G • Y� Date, 11--113 5 {00668404;x1} CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail,postage prepaid: George S. Donze,Esquire 696 Unionville Road Suite 6 Kennett Square,PA 19348 Attorney for Plaintiff GOLDBERG KATZMAN,P.C. By:(7(z� Thomas E. Brenner,Esquire Attorney I.D.No. 32085 S. Baker Kensinger,Esquire Attorney I.D.No. 208305 P.O. Box 6991 Harrisburg,PA 17112 (717)234-4161 Attorney for Shippensburg University Foundation Dated: 6 {00668404;v1} EXHIBIT C 372303.411112W Shippensburg University Foundation ° Apartment Lease Agreement(g Months ft Hot Point Commons 4-; THIS IS A CONTRACT`GIVING TENANT THE RIGHT TO LIVE IN LANDLORD'S PROPERTY FOR A PERIOD OF TIME,SO LONG AS TENANT DOES AND DOES NOT DO CERTAIN THINGS. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD AND.EACH PERSON MAKING-UP THE TENANT. EACH PERSON MAKING UP TENANT SHOULD READ THIS LEASE CAREFULLY. THIS CONTRACT CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. DO NOT SIGN THIS LEASE UNTIL YOU UNDERSTAND ALL OF THE AGREEMENTS IN THIS LEASE. .RECITALS WHEREAS,Shippensburg University Foundation.Is the owner of a twenty-one(21)unit townhouse complex located on land known as"Hot Point Commons",having an address of 1022 Hot Paint Commons, Shippensburg, Pennsylvania 17257.(the"Complex");and WHEREAS,the Tenant,as more particularly Identified below,desires to lease a unit in the Complex and the Landlord desires to lease such a unit to the Tenant,_pursuant to the terms and conditions set forth herein. NOW,THEREFORE,for good and valuable consideration Intending to be legally bound,the parties covenant and agree as follows: 1. TENANT; Each person making up Tenant is listed here. Each person represents and warrants that his/her correct Social Security and home address is the number and address following his/her name. If Tenant shall be more than one person,all obligations of Tenant under this Lease shall be joint and several and shall bind and affect all persons who are defined as"Tenant"as fully as though all of them are specifically named. herein Name whereu a tt . word" engi t" is used. ( '+ J i Name T• 1tr r Name t C Name (_"onj!)ar w 2. LANDLORD: Name. Shippensburg Unlversity Foundation Mailing Address 109 Stone Ridge Commons, ShippensbuW.PA 17257 3. PROPERTY Landlord agrees to rent to Tenant and Tenant agrees to:rent.from.Landlord the following Property, Unit#_ (the'Building")-of the Complex(the'Property"), The Property shall be occupied and used only as a residential dwelling and only for the Tenant, as listed above, Unless otherwise agreed in writing,guests of Tenant may occupy the Property in reasonable numbers during reasonable hours, however, no guest shall be:permitted to stay at the Property for more than one(1)week during the Term Hereof. Neither Tenant nor any of the persons occupying the Property shall perform or permit any practice that may damage the reputation of or otherwise damage the Property, be illegal or increase the rate of insurance on the Property. The.Property may not be used for any commercial activity nor may any part of the Property be used for any profession,trade, business or craft. 3ENxNT(s)J:�" uwDLoants> 4 (nitlals �,**,J WOWS OF �ar�x z X72303.41111209 4. RENT PAYMENT SCHEDULE- Landlord need not give Tenant notice to pay rent.. All payments of rent are payable In advance,without notice; demand or setoff, on the dates setforth below. A, The total amount of'rent due"over the Term of this Lease'is $ o B, The rent payment schedule is as follows: 1. Due at signing of this Lease(applied toward first $ 11001 person (quarter rent) 2.Due August Vt, 2010 3.Due November 1f",2010 $ LA 0 LID 4 Due:February 1$t, 2011 $ S A too xo C. Tenant may be required to pay other charges to Landlord under the terms of this Lease. Whether or not stated as such, those other charges are"added rent." If Tenant fails to pay the added rent, Landlord shall have the same rights against Tenant as,if Tenant failed to pay the rental set forth in paragraph 45.,.above. D. Tenant must pay a late charge of$50.00 if rent is more than four(4)days late." If there is more than one named Tenant in the Property, then each Tenant is individually responsible for the$50.00 late charge. All payments shall be applied first to delinquent rents and late charges,,if any;then to all currently due rent. E. Tenant shall pay rent by check and such check shall be made payable to"Hot Point Commons"and delivered to the address of 109 Stone Ridge Commons, Shippensburg, Pennsylvania, or Tenant shall be permitted to pay rent by depositing a check in the drop box located:between the double glass doors at 109 Stone Ridge Commons, Shippensburg, Pennsylvania. F, Any check returned for insufficient funds or for any other reason caused by the Tenant shall incur a charge for handling,to be paid by the Tenant upon proper invoice. This charge shall consist of all identifiable expenses,with a minimum charge of$35.00 for each such ocd.urrence. If there is more than one named Tenant,then each Tenant is individually responsible for the charge due for the insufficient funds. If any check is returned to the Tenant for insufficient funds or for any other reason caused by the Tenant, Landlord hereby reserves the right to require all future payments of rent or any added rent to be paid by money order, cashier's check or other immediately available funds. G. Tenant may not reduce and/or set off any amount of the rent by any money that Tenant claims Landlord owes to Tenant. 5, SECURITY DEPOSIT A. The Security Deposit its$ 1.000.00 and"is due August 1,20110. B. Landlord can use the security deposit to pay for unpaid rent,all amounts due,under this Lease and damages that are Tenant's responsibility. C. When Tenant moves from the Property,Tenant must return all keys and provide Landlord with a stamped self-addressed envelope with Tenant's new mailing address where.Landlord can return the Security Deposit. D. Landlord will prepare a list of charges awed by Tenant. Landlord may deduct these charges from the security deposit. Landlord will return the security deposit(minus any charges to Tenant)within 30 days so long as Tenant has given Landlord a self-addressed, stamped envelope with Tenant's new mailing address. G. Tenant may not use the security deposit as payment of the last month's rent or any other amounts due.to,Landlord. 6, STARTING AND ENDING DATES:OF LEASE(also called"Term') A. Starting Date: This Lease commences on August 9.2010 B. Ending Date: This Lease expires on May&2011 rrr{5� tAl+iDLoao(s) r � J/sr` Initials. N S7 lnKfats 2 3974$.2 372303.411 11203 7. RENEWAL TERM This Lease will NOT automatically be renewed at the original Ending Pate. If Tenant desires to renew this Lease,Tenant must notify Landlord of Tenant's intent to renew by November I st of the year preceding the Ending.Date.of this Lease and the parties will need to execute a new Lease. 8.1 'USE OF PROPERTY Tenant(s)will use the Property only as a residence and only for the Tenant(s) listed above. 9. UTILITIES:AND SERVICES A. Utilities provided by Landlord: • Trash°Collection from the Property • High Speed Internet Access(from a provider selected by Landlord, in its.sole discretion) • Waterand Sewer • Other 3. Tenant will arrange for,at its sole cost and expense,all electric and phone service. Notwithstanding the foregoing, if any such utility is provided by, and/or as a result of the Landlord, Tenant shall pay the Landlord for its pjoportionate share of such utility usage, as solely determined by the Landlord.Tenant must pay a TEN($10.00) DOLLAR"LATE CHARGE"for any of the above bill pqyments.not received by Landlord within four(4)days of their due date. Late charge is considered-added rent. C. Tenant will arrange and pay for all utilities and services, except the utilities and services to be paid by Landlord as stated above. Landlord has no obligation to provide(or liability for providing)any other utilities or services to the Tenant and if any such utility or service is obtained by the Tenant, It shall be at the Tenants sole cost and expense.Tenant shall pay for any-and all damage done to any equipment or appliances supplied'by Landlord which is caused by Tenants,Tenant's guests, servants, agents, employees tar visitors or any individual for whom Tenant is responsible, neglect or misconduct, and any such damage shall be repaired by Landlord, at Tenants expense. The repair costs'will be added to rent. D. Tenant must not use any appliance or,other equipment unless Installed'by Landlord or with Landlord's written consent. Landlord may stop service of plumbing, heating,or electrical or mechanical systems, because of accident emergency, repairs or changes,and the Landlord shall not be responsible in any way for any damage or other liability resulting from such stoppage. 10. CONDITION OF PROPERTY Tenant accepts the Property"AS-IS", "WHERE-IS WITH ALL DEFAULTS",except that Landlord has agreed to do the foflowingrapairs before or shortly after Tenant moves in* 11. LANEXOR-D'S PERSONAL PROPERTY Landlord owns the following personal property of the Property: p Refrigerator, p Range p Washer&.Dryer p Other 12; RULES AND REGULATIONS A. Rules(called"Rules")for use of the Property are as follows:, 1. Open-flame heaters, such as gasoline or kerosene type heaters, are prohibited due the fire hazard. 2. Tenant shall not create loud noises or.disturbances. Tenant and all of Tenant's guests; TENANT(S)�)1' LANDLORD(S)-- Initials irltffais 3 39748,'-) 3723t13.4811'*209 servants, agents,employees or visitors,and any individual for whom Tenant is. responsible;shall not at any time make any noise,do anything or conductthernselves in anyway which disturbs any other resident of the Building or Complex or interferes with the rights,comforts or conveniences of any other resident. No sound, iincluding, but not.Iimited to music, may be audible outside the Property. S. Underage drinking is prohibited. 4. Ng parties or gatherings are allowed at which admission is charged or charges for' alcoholic beverages are.levied. 5. .Parties are prohibited on weeknights. All doors and windows must be closed during parties. Party guests shall not congregate outside the Property,Building orComplex. Party music must be at a reasonable level. Landlord and/or representative of Landlord may not be denied access to the Property when checking social gatherings,'parties, etc, 6. Glue,tape, adhesive, nails,tacks, brads;or screws shall not be driven into walls,floors, doors, cabinets or ceilings of the Property, not shall there be any boring or marring of the above areas. 7. No personal property of any description is to be placed on or permitted to remain on the lawn, steps, porches,or stairs, or hung from windows. Landlord has the right to approve or disapprove of all window dressings, 8. Locks may not be changed nor additional locks put on any doors without the written permission of Landlord. The Landlord will be given duplicate keys for all locks so installed, prior to the installation,at the Tenant's expense: Any Tenant who forces a door or has his/her door forced by someone else will be charged for a new lock, hardware, door frame,and the labor necessary to repair it. 9. No beverages in bottles or other glass containers may be consumed outside the Property. 10. Bottles and other glass containers and trash must be placed in the designated area. No bottles, glass or trash may be thrown from inside the Property or Building or from the patios. 11. Kegs are prohibited. Landlord has the right to confiscate all kegs and/or taps. 12.. Firearms,explosives, fireworks and paint guns of any kind are prohibited. 13. Waterbeds are not permitted. 14. Loitering or congregating outside the Property and Building is not permitted. 15. Doors to the Property must be kept closed at all times. 16. Physical violence, threats'of physical violence;acts of retribution, or intimidation directed toward employees or agents of Landlord or other Tenants of the Complex are strictly prohibited. Any violation of this Rule will result in immediate termination of this Lease andfor criminal charges. 17. Tenant shall not In any way tamper,adjust;remove or modify any of the utility systems or metering equipment maintained by Landlord. 18. Landlord has the right to change and/or establish additional rules and regulations,at arty,time,to maintain the safety and well of the residents of the Complex,all.in the sole discretion of the Landlord, 19. Tenant shall not tamper with nor remove smoke detectors and/or fire alarm detection systems. 20. Tenant shall not place on the:Property any furniture,plants,animals.or other things that harbor insects, gather rodents or other pests, 21. .Notwithstanding anything contained herein to the contrary,Tenant shall keep out of the Property all materials which cause or may cause a life hazard or safety hazard and shall comply with all reasonable requirements of Landlord's fire insurance carriers. 22. Tenant shall not place any signs upon the exterior of the Property or cause any lettering of any kind whatsoever to be placed upon the outside or inside windows of the Property without first obtaining the prior written approval of the Landlord. 23. Tenant°agrees t`o report any spigot leaks„or any other plumbing or mechanical reNAwr(s}✓►�" iu+i vwrn.ot*ots : Initials I y e p Initials + _ .4 17743',2 373303.4Ji 11269 complaints to the Landlord Immediately. No rags,,sweepings, matches,ashes or other improper articles shall be thrown into the plumbing fixtures'nor shall any harmful cleaning materials be used. 24. Tenant at all times shall comply strictly with all requirements of all governmental authorities having jurisdiction over the Complex, as well as with the terms of all state, federal or municipal statutes,orrdinances or regulations which are or may at any time hereinafter become applicable to the Property, Building and/or Complex or to the activities conducted thereon and to.Tenant as lessee thereof, Tenant shall save Landlord harmless from all penalties,fines, costs and damages.of every kind which may result from any failure to do so. B. Tenant and all of Tenant's guests, servants,agents,employees or visitors and individuals for whom Tenant is responsible must obey the Rules. If not Tenant shall be deemed to be in immediate default of this Lease. 11 END OF TERM AND ABANDONMENT: A. At the end of the Term, Tenant must leave the Property clean and in good condition,subject to ordinary wear and tear. Tenant will remove all of Tenant's property,alterations and decorations. Tenant must clean all walls,windows,windowsills and tracks,fixtures, toilets,sinks,shower,tub, stove, oven,cabinets, refrigerator and carpeting. All damages or injuries done to the Property by Tenant and/or Tenant's servants, agents,employees or visitors and individuals for whom Tenant is responsible,shall be the responsibility of the Tenant and the Tenant shall be required to pay all costs associated with the repairs of such damages or injuries. Landlord shall repair all such damages or injuries to the Property, including drywall and door holes,which cost of repair will,at Landlord's option,either be billed to Tenant or deducted from the Security Deposit. B. if Tenant's personal property remains in the Property after termination or expiration.of this Lease., Landlord may,without notice, store or dispose of same. Landlord shall not be liable for any injury or damage arising out of or resulting from any reasonable disposal of such property. Tenant shall be charged for Landlord's expenses in removing said items. 14. POSSESSION A. Landlord shall not be liable in any way if it cannot give Tenant possession of the Property on the Starting Date of_the Term of this Lease or in the specific Property number listed above. Landlord may change.the.Property number listed above prior to possession should such Property not be capable of possession by the Tenant on the Starting Data of the Term of this Lease. B. Rent starts at the Starting Date of the Term of this Lease unless Landlord cannot give possession of the Property or another unit in the Complex (rent shall then be payable when possession is available). Landlord will notify Tenant when possession is available. The Ending Date of the Term will not change. 15. INCREASES IN COSTS A. If Tenant's actions cause an increase in property insurance,Tenant will pay the amount of the increase. 16. LANDLORD'S RIGHT TO ENTER A. Tenant agrees to let Landlord or Landlord's representatives enter the Property at.reasonable Hours to inspect, repair,or:show the Property to prospective buyers or tenants. B. Landlord.will attempt to give Tenant 24 hours notice of date, time,and reason for the visit In case of emergency, Landlord may enter Property without notice. TENANT($ � LANDLORD($) initials n Initials !t — 5 19748.2 372303:411 t 1309 C. Landlord may put up For.Sale or For Rent signs on or near the Property. D Tenant agrees to move out peacefully when this Lease Term terminates and/or expires. 17. TENANT'S CARE OF PROPERTY Tenant,Tenant`s guests,:servants;,agents,employees,or visitors and individuals for whom:Tenant is responsible,agree to obey all laws and Rules that apply to Tenant. Also: A. Tenant will: 1. Keep the Property clean, neat,,safe and in good condition, 2. Dispose of all trash,garbage and any other waste materials as required by Landlord and the law. 3. Use care when using any of the electrical, plumbing,ventilation or other facilities or appliances on the Property. 4. Tell Landlord immediately of any needed repairs. Landlord does not have any obligation to repair any damage caused by Tenant's willful, careless, or unreasonable behavior and all such damage shall be the sole responsibility of the Tenant. 5. Surrender the Property upon termination of this Lease in the same Condition as when the Property was received by the Tenant at Starting Date of Lease. B. Tenant will'not: 1. Keep any flammable materials tin the Property. 2. Willfully destroy or deface any part of the Property. 3. Disturb the peace and quiet of other tenants. 4. bake any changes, alterations and/or improvements to the Complex and/or the Property, such as painting,wallpapering or remodeling without the prior written permission of Landlord. If alterations are made,Tenant must remove all such changes,alterations and/or improvements and/or pay the cost to restore the Property. Tenant must pay a TEN {$14.00} DOLLAR"LATE CHARGE"for any of the above payments not received by Landlord within four(4)days of their due date. 18. SMOKE DETECTORS,FIRE EXTINGUISHERS AND SPRINKLER SYSTEM A. Landlord will inspect the smoke detector,fire extinguisher and sprinkler system on a regularbasis. B "Tenant must notify Landlord in writing immediately of any inoperable smoke detector and/or fire extinguisher. C. If any smoke detector, fire extinguisher or sprinkler_system requires repair or replacement due to an act or omission of Tenant, Tenant must pay the cost to repair or replace the smoke detector,fire extinguisher,and/or sprinkler system. D. If any damage is caused to the Property,Building or Complex due to an inoperable smoke detector, fire extinguisher and/or sprinkler system which is inoperable because of an act or omission of Tenant, Tenant must.pay cost to repair the damage. 19. NO PETS No pets or other animals are permitted ariywhare on the Property at any time, Tenant must pay. additional rent of$250.00 per occurrence or:any and/or all breaches of this condition. 20. PORCHES AND PATIOS: A. Tenant must keep the:porch or patio free from garbage and debris. No personal property may be " kept or stored on the porch or patio. Only outdoor furniture is permitted on the porch or patio. Nothing may be hung on or from the porch or patio, Including but not.1imited to,clothing, towels, rugs,flags,etc. B. No more than eight persons are permitted on the porch or patio at any one time. TENANT(•Ili✓ 11.'1 LANDLORD(a) Initials Initials 39748.2 377=.41111209 21. VEHICLES°. A. The use or storage of Tenant's or any other person's.vehicle,whether or not parked or being driven in or about the parking area shall at all times be.the sole risk of Tenant. Landlord'is not liable for damage to, or caused by, any vehicle. This includes property damage and bodily injury. Tenant must register his/her vehicle(s)with Landlord. B: Payment of:a$5.00 registration fee per vehicle is required. Tenant will be issued a parking permit, which must be displayed on the rear bumper of the vehicle. All Tenant vehicles;which are not properly registered with the Landlord and do not display a parking permit,are subject to towing and/or booting and their attendant costs. C. Tenant must Obtain from Landlord a visitor parking pass for each vehicle used by any guest, servant,agent, employee,or visitor or individuals for whom Tenant is responsible. The visitor pass must be displayed on the front dash of the visitor's vehicle: Vehicles of visitors which do not display the visitor parking pass are subject to towing andlor booting and their attendant costs. No visitor passes will be issued during Homecoming.Weekend, 22, SECURITY SERVICES: Tenant hereby agrees and acknowledges that Landlord shall not provide and shall have no duty to provide any security services to Tenant or the Property. Tenant shall look solely to the applicable police force for security protection. Tenant agrees and acknowledges that protection against criminal action is not within the power of the Landlord, and,even if from time to time Landlord provides security services, those services cannot be relied upon by Tenant and shall not constitute a waiver of, nor in any =manner modify the above agreement. Landlord shall not be Gable for failure to provide adequate security services or for criminal or wrongful actions by others against Tenant,, family, licensees, invitees or guests. 23. KEYS.: Tenant must pay a two hundred dollar($200.00}additional rent/lock change charge for each Property key replaced by Landlord during the Term or not returned at the termination of this Lease or the Ending Date of the Term. 24= FIRE OR OTHER.DAMAGE;CONDEMNATION A. Tenant r lust notify Landlord immediately if the.Property is damaged by fire:or any other cause. Tenant must notify Landlord if there is any condition in the Property that could damage the Property or harm Tenant or others.. & If the Property cannot be used because of fire or other casualty,Tenant is not required to pay rent for the time the Property is unusable(as long as damage was not caused by Tenant). If.part of the Property cannot be used,Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Property is usable. C. If the Property or Building is damaged by fire or other casualty; Landlord may cancel this Lease. If the Landlord decides to cancel, Landlord will notify Tenant within thirty(30)days of the fire or casualty. In such event, this Lease shall terminate and the Landlord shall have no further obligation to the-Tenant. E3. If Landlord does not cancel this Lease, Landlord shall have'a reasonable time to make repairs. E. If tree.fire,or casualty is caused by an act or neglect of Tenant, Tenant's guest,servant, agent, employee or visitor or an individual for whom Tenant is responsible, then all repairs will be made at Tenant's expense. However,Tenant must still pay the full rent with no adjustments. rrnrrr{s �� t aitcio(s) * lnftist$ i�.6 10als 7 _ ih748.2 372303.011120$ F. If the whole or a substantial part,solely determined by the Landlord, of the Property, Building and/or Complex shall be condemned or taken either permanently or temporarily for any public or ' quasi-public use or purpose,under any statute or by right of eminent domain,or by private purchase in lieu thereof,than In that event, the Landlord shall have the right to immediately terminate:this Lease by providing the Tenant with written notice. In that event, this Lease shall cease and terminate from the date of title vesting in such proceeding or purchase and Tenant shall have no.claim against Landlord for the value of any unexpired Term of said Lease. in the event that only a portion of the Property shall be taken and/or the Landlord does.not terminate this Lease,the rent payabie by the Tenant shall be fairly and equitably abated to reflect the portion of the Property taken,,effective as of the date on which the portion of the Property actually transferred to the condemnor. 25. SALE OF PROPERTY A. if the Complex and/Or Property is sold,Tenant agrees that Landlord may transfer Tenant's money and advance rent to the new landlord. B. Tenant agrees that Landlord will have no duties regarding this Lease after the Property and/or Complex has been sold. 26. IF TENANT BREAKS ANY TERM OF THIS.LEASEAND/OR DEFAULTS UNDER THIS LEASE: WAIVER OF RiGHTS: A. TENANT'S WAIVER OF NOTICES. LANDLORD SHALL NOT BE REQUIRED TO GIVE TENANT A NOTICE OF DEFAULT,OR AN OPPORTUNITY TO CORRECT ANY DEFAULT. TENANT ALSO WAIVES THE RIGHT TO RECEIVE A"NOTICE.TO QUIT" OR"NOTICE TO VACATE"FROM LANDLORD. THIS MEANS LANDLORD IS NOT REQUIRED TO NO'T'IFY TENANT TO REMOVE FROM(LEAVE)THE PROPERTY. Landlord may give Tenant a termination notice(but Landlord is not obligated to give that notice). if given, the termination notice will state the date the Term will end. Tenant must leave the Property and give Landlord the keys on or before the termination date. Tenant continues to be responsible as stated in this Lease. B, Tenant breaks acid/or defaults under this Lease if 1. Tenant does not pay rent or other charges required hereunder when they are due. 2. Tenant vacates or moves out of the Property before the end of this Lease. 3. Tenant does not move out upon termiination and/or expiration of this Lease. 4, Tenant fails to.do anything Tenant agreed to in this Lease, specifically including,without limitation,obeying all Rules, or does something Tenant has agreed not to do in this Lease. 5. Tenant has given Landlord false information in the rental application or this tease. 6. Tenant enters into an assignment and/or sublease of this Lease with another party without the express written permission of the Landlord C. If Tenant breaks this Lease for any reason, Landlord may 1, Recover possession of the Property(evict Tenant)'. 2, File a lawsuit against Tenant for rents and charges not paid and for rents and charges for the rest of this Lease term,which shall be immediately due and payable. 3. Keep Tenant's Security Deposit. 4, Terminate this Lease. 5:. Do anything else permitted by lave or in equity or exercise any other applicable remedy. 6. If Landlord hires.a lawyer to enforce this Lease,,Tenant agrees to pay the lawyer's fees.and Landlord's reasonable costs. D: THiS IS*JOINT AND SEVERAL LEASE WHICH MEANS THAT ALL OF THE PEOPLE MAKING UP TENANT AS A GROUP AND EACH OF THE PEOPLE AS INDIVIDUALS ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE AGREEMENTS OF THIS LEASE. FOR EXAMPLE,IF THE x101813 s> tArJtx lnttta[s oaots> .. c 8 - 19748,2 3723M.41111"9 RENT IS NOT PAID,LANDLORD CAN SUE ALL OF THE PEOPLE MAKING UP TENANT (JOINTLY)FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING.A SUIT AGAINST ANY ONE PERSON MAKING UP TENANT SEPARATELY(SEVERALLY)FOR ALL OF THE UNPAID RENT. 27. SUBLEASING AND ASSIGNMENT A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new landlord. B. Tenant may not assign,transfer or sublease(rent to another person)the Property without Landlord°s prior written permission. 1f Tenant does so anyway,Tenant has broken this Lease and the Landlord reserves the right to proceed with any of its rights provided for herein. Also, if someone other than Tenant stays at the Property for more than one(1)week throughout the Term of this Lease,Tenant must pay to Landlord$25.00 for each extra person for each day that person or people stay(s)at the Property. To figure the number of days and the number of people, Landlord's reasonable numbers will be used, unless Tenant can clearly prove.they are wrong. 28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have, or may put, a mortgage on the Complex and/or Property. The rights of any mortgage lender comes before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments,the. mortgage lender could take the Property and end this Lease.) Tenant accepts this Lease subject and subordinate to any first mortgage or mortgages(and all renewals, modifications,consolidations, replacements or extensions of any such mortgage)now in existence or hereinafter made from time to time affecting the title to the Complex and/or the.Property or Landlord's interest therein. In addition,Tenant accepts this Lease subject and subordinate to all instruments in the chain of title to the:Complex and/or Property. 'Tenant shall execute, acknowledge and delivery to the holder of any such mortgage or to any of the parties to such instruments, at any tirrie upon demand by such holder or by any such party,any releases,certificates or other documents that may be required by such holder or by any such party,for the purpose of evidencing the subordination of this tease to such mortgage or instrument. In addition,Tenant shall,at any time or from time to time,upon demand from Landlord, execute, acknowledge and deliver to Laodiord a written statement certifying to various terms and conditions of this Lease, specifically including, without limitation, certifying the date to which rent has been paid and certifying that there are not any uncured defaults under this Lease or specifying such defaults. Tenant's failure.to deliver such statement upon demand by the Landlord shall be conclusive upon Tenant that this Lease is in full force and effect and unmodified and that there are no uncured defaults hereunder,. TENANT IS WAIVING(GIVING UP)TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE.RIGHT TO END THIS LEASE. 29. INSURANCE AND LIMITED LIABILITY. A. Tenant understands that 1., LANDLORD'S INSURANCE DOES NOT'COVER TENANT,TENANT'S PROPERTY, SERVANTS,AGENTS, EMPLOYEES OR VISITORS OR AN INDIVIDUAL FOR WHOM TENANT IS RESPONSIBLE. 2. TENANT SHOULD HAVE FIRE &LIABILITY INSURANCE TO PROTECT TENANT., TENANTS PROPERTY, SERVANTS,AGENTS, EMPLOYEES OR VISITORS OR AN INDIVIDUAL FOR WHOM TENANT IS RESPONSIBLE, WHO ARE DAMAGED/INJURED WHILE ON THE PROPERTY. B. EXCEPT TO THE EXTENT REQUIRED BY LAW, LANDLORD IS NOT LIABLE OR RESPONSIBLE FOR ANY INJURY OR DAMAGE OF ANY KIND THAT OCCURS TO ANYONE OR ANYTHING ON THE PROPERTY: This includes as examples only, injuries from: lead paint, fire and criminal acts. , C. TENANT IS RESPONSIBLE FOR ANY LOSS TO LANDLO ' 'HE PROPERTY THAT EXY 1!115?!� fnitlals `�-^7�— initta. t9748.2 372303.411112M TENANT,TENANT'S SERVANTS,AGENTS, EMPLOYEES OR VISITORS OR AN INDIVIDUAL ` FOR WHOM TENANT IS RESPONSIBLE, MAY CAUSE. D. If Tenant.wins a court judgment against Landlord or Landlord must pay Tenant money for any reason, Tenant will only look to the Property to collect all money owed.(other than the Security Deposit). That means that Tenant agrees.Wt.to collect money from Landlord's(or any person making up Landlord's)corporate or personal assets,even if Tenant cannot collect money owed from the Property. 30, PAYMENT OF JUDGMENTS,ETC. Tenant shall bear,pay and discharge,when and as the same shall become due and payable all judgments and lawful claims for damages or otherwise against Landlord,arising from Tenant's use or'.occupancy of the Property, and will assume the burden and expense of defending all such suits, whether brought'b6fore or after The expiration of this Lease; provided, however, that Landlord shall have the option-of defending such suits, at Tenant's expense. Tenant agrees to protect, indemnify and save harmless Landlord,and Landlord's agents, servants and employees for any damage caused by reason of the use or misuse of the Property,or any part thereof,due to the negligence of Tenant and/or Tenant's agents,servants, employees, visitors and individuals for whom Tenant is responsible. In consideration of securing this Lease,Tenant does hereby release and discharge the Landlord,its agents,servants, employees,successors and/or assigns,from any and all liability by reason of any injury, foss,and/or damage to any person and/or property in the Property,whether belonging to Tenant or any other person, caused by any fire,the breaking,bursting,stoppage andlor leaking,of any water pipe,sewer, basin,water closet and drain in any part or portion of the Property and in any part or portion of the Building and/or Complex, unless directly attributable to Landlord's willful misconduct. 31. HEADINGS The headings in this°Lease are meant only to make it easier to find the paragraphs. 32. ENTIRE AGREEMENT This Lease is,the entire,,agreemer t,between Tenant and Landlord. No spoken or written agreements made before are a part of this Lease unless they are included in this Lease. This Lease cannot be changed except in a writing signed by Landlord and Tenant, 33. NO WAIVER Landlord's acceptance of rent or utility payments or failure to enforce any term in this Lease is not a waiver of any of Landlord's rights. 34. INVALID LEASE If a court ultimately decides that any part of this Lease is invalid,void or illegal,that will not affect any other part of this Lease,and the remaining parts will remain in full force and effect. 35. SIGNATURES AND EFFECTIVE DATE: Landlord and Tenant have signed`this Lease as of the above date. It is effective upon the signing by bath Tenant and Landlord. By signing this Lease,Tenant acknowledges that helshe has read this Lease;that Landlord has reviewed this Lease with him/her;and the Tenant understands the terms and conditions of this Lease,and has had the opportunity to ask questions of Landlord.. TENANT(82 -TW LANDLOa S) � {" Initials ,K initials �+ 10 0749.2 372303.41111209 36. NOVICE BEFORE SIGNING THIS LEASE IS A LEGAL CONTRACT. IF YOU HAVE LEGAL QUESTIONS,YOU ARE ADVISED TO TAL GTO A LAWYER BEFORE SIGNING THIS LEASE. IN WITNESS WHEREOF,the parties hereto,Intending to be legally bound, have duly executed this Lease,the day and year set forth,below. DATE SIGNED BY LANDLORD 3 -2,5-0 n � µSHIPPENSBIIRG UI�II EtSITY F7NDAT ;HOT P01 T CO M ice' By ! ✓' r 'ern/ C� • i DAyyTE SIGN D BY TENANT TENAX a ildl I I. DATE IGN D BY TENANT TENANT DATE SIGNED BY TENANT TENA T -311 Z1 DATE.SIGNED BY TENANT TENANT TENANt(S) LAN3LO 5 M tta{ I Initials Initials .4748.2 �� f , y k k I4 (� N-. KYr. �S�at.y '�Y R4 4 F i `��..,,� t 4 +wY�Ai��a ?��j CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail, postage prepaid: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiff Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart& Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Tyler Ward Connor Rumberger 8 Turffle Lane Mechanicsburg, PA 17055 Nicholas Phillips 12 Beechwood Drive Reading, PA 19606 omas E. Brenner, Esquire Dated: 8 {00672480;v l} F:\FILES\Clients\15487 Rumberger\15487.1.prai mpd — Revised: 1/3/14 2:44PM A Wt5 Y r George B. Faller, Jr., Esquire I,h MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER �� tl`� i MARTSON LAW OFFICES '10114 -3 FM 3: I.D. 49813 10 East High Street UM;SERLAI y Carlisle, PA 17013 PENNSYLVANIA (717) 243-3341 Attorneys for Defendant Connor Rumberger PATRICK J. TAYLOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHIPPENSBURG UNIVERSITY NO. 13-1239 FOUNDATION, CIVIL ACTION - LAW Defendant V. JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS, AND CONNOR RUMBERGER, Additional Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant Connor Rumberger in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON LAW OFFICES By. George . F r, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Connor Rumberger Dated: 1/3/14 \W CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: George S. Donze, Esquire DONZE & DONZE 696 Unionville Road, Suite 6 Kennett Square, PA 19348 Thomas E. Brenner, Esquire S. Baker Kensinger, Esquire P.O. Box 6991 Harrisburg, PA 17112 Mr. Josh Rakvin 5 Oaklyn Circle Shrewsbury, PA 17361 Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart& Weidner 301 Market Street—P.O. Box 109 Lemoyne, PA 17043-0109 Mr. Nicholas Phillips 12 Beechwood Drive Reading, PA 19606 MARTSON LAW OFFICES By j j^U�JZ'd rV(f Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1/3/14 Jaron R.Nalewak,Esquire - Attorney ID No. 315278 Li t! _ ;� � r 3400 Perkiomen Avenue r={� r, a Reading, PA 19606 r-t.rii (484)269-8147 '1!p YJ V , (' f Attorney for Additional Defendant Nicholas Phillips IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PARTICK J.TAYLOR Plaintiff • • Docket No.: 13-1239 Vs. • SIIIPPENSBURG UNIVERSITY • Civil Action-Law FOUNDATION Defendant and • JOSH RAKVIN,TYLER WARD, NICHOLAS PHILLIPS,and CONNOR • RUMBERGER Additional Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please kindly enter the appearance of Jaron R. Nalewak, Esquire, of the Law Office of Jaron R. Nalewak, on behalf of Nicholas Phillips, in the above- captioned action. Defendant hereby demands a twelve juror jury trial in the above captioned action. U Law Office of Jaron R.Nalewak Dated: + - 1—11 By Jaw R.Nalewak,Esquire Attorney ID No. 315278 3400 Perkiomen Avenue Reading,PA 19606 (484)269-8147 Attorney for Nicholas Phillips CERTIFICATE OF SERVICE I, Jaron R. Nalewak certify that a copy of the foregoing Entry of Appearance was served this date by depositing same in the Post Office at York, PA, first class mail, postage prepaid, addressed as follows: George S. Donze, Esquire Thomas E. Brenner, Esquire Donze& Donze S. Baker Kensigner,Esquire 696 Unionville Road Goldberg Katzman,P.C. Suite 6 P.O. Box 6991 Kennett Square, PA 19348 Harrisburg,PA 17112 Attorney Jr o Plaintiffs Attorney for Shippensburg University Foundation Jeffrey B. Rettig, Esquire George B. Faller, Esquire Julia A. Morrison, Esquire Martson Law Offices Johnson, Duffle, Stewart& Weidner 10 East High Street 301 Market Street Carlisle, PA 17013 P.O. Box 109 Attorney for Additional Defendant Lemoyne, PA 17043 Connor Rumberger Attorneys for Additional Defendant Tyler Ward Josh Rakvin 5 Oaklyn Circle Shrewsbury, PA 17361 Additional Defendant Law Of ce o Jaron R.Nalewak By r- Jars R.Nalewak,Esquire A ■rney ID No. 315278 3400 Perkiomen Avenue Reading, PA 19606 �] t (484) 269-8147 Dated: I - -I I I Attorney for Nicholas Phillips ti•1 �1 / fv.. itar i HO Qf1' '20111 JAN 1 3 f 1 ii: 17 CUMBERLAND COUNTY Johnson, Duffie, Stewart & Weidner DINS MANIA By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Additional Defendant Julia A. Morrison, Esquire Tyler Ward I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com jam @jdsw.com PATRICK J. TAYLOR, • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs • • NO. 13-1239 v. • CIVIL ACTION — LAW SHIPPENSBURG UNIVERSITY • FOUNDATION, • JURY TRIAL DEMANDED Defendant • • v. • • JOSH RAKVIN, TYLER WARD, • NICHOLAS PHILLIPS, AND CONNOR • RUMBERGER, • Additional Defendants • NOTICE TO PLEAD To: Defendant c/o Thomas E. Brenner, Esquire P 0 Box 6991 Harrisburg, PA 17112 You are hereby notified to file a written response to the enclosed Additional Defendant's Answer to Joinder Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, J. •• Duf- St=' . : Weidner B : �allf slit, F.-'rey B. Rettig, Esqu.. - - Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Additional Defendant Julia A. Morrison, Esquire Tyler Ward I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com jam @jdsw.com PATRICK J. TAYLOR, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNA. Plaintiffs : NO. 13-1239 v. : CIVIL ACTION — LAW SHIPPENSBURG UNIVERSITY FOUNDATION, : JURY TRIAL DEMANDED • Defendant • • v. • JOSH RAKVIN, TYLER WARD, : NICHOLAS PHILLIPS AND CONNOR : RUMBERGER, • Additional Defendants DEFENDANT TYLER WARD'S ANSWER WITH NEW MATTER TO DEFENDANT'S JOINDER COMPLAINT AND NOW comes the Additional Defendant, Tyler Ward, by his attorneys, Johnson, Duffle, Stewart and Weidner, and answers Defendant's Joinder Complaint as follows: 1. It is admitted that Defendant Josh Rakvin is an adult individual. As to the balance of the allegations of this paragraph, after reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 2. Admitted. 3-4. It is admitted that these Additional Defendants are adult individuals. As to the balance of the allegations of these paragraphs, after reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 5. On information and belief, admitted. 6. It is admitted only that Plaintiff's Complaint was filed on or about June 3, 2013. As to the balance of the allegations of this paragraph, the allegations of Plaintiff's Complaint are incorporated herein by reference thereto. 7-12. On information and belief, admitted. 13. Denied. This allegation makes reference to a written document, the terms of which speak for themselves. 14. On information and belief, admitted. 15-20. Denied as stated. These allegations make reference to a written document, the terms of which speak for themselves. 21. It is admitted only that Additional Defendant Tyler Ward signed the Lease Agreement. 22. Denied. This allegation represents a conclusion of law to which no reply is required. WHEREFORE, Answering Additional Defendant, Tyler Ward, requests that the Defendants' Joinder Complaint be dismissed without cost to him. NEW MATTER 23. The Defendant's claims are barred by the statute of limitations. 24. The Additional Defendants cannot be held "solely liable" on Plaintiff's claims as Plaintiff's claims against the Additional Defendants are barred by the statute of limitations. 25. Plaintiff was not a licensee, invitee or guest of Answering Additional Defendant. 26. Neither Plaintiff nor the individuals who allegedly assaulted him were tenants, tenant's agents, servants, employees, visitors or individuals for whom tenant is responsible. 27. Defendant's Joinder Complaint fails to state a claim upon which relief may be granted. 28. The claims against the Answering Additional Defendant are barred by the Doctrine of Unclean Hands. 29. Answering Additional Defendant owed no duty to Plaintiff. 30. Answering Additional Defendant assumed no duty to Plaintiff. 31. Answering Additional Defendant is not liable for and has no legal duty to prevent the injuries allegedly sustained by Plaintiff as the result of the criminal actions of a third party. 32. Plaintiff's injuries, if any, arose through no fault of Answering Additional Defendant. 33. Plaintiff's injuries, if any, were caused by actions of an unnamed third party. WHEREFORE, Answering Additional Defendant requests that the Joinder Complaint be dismissed without cost to it. Re •- tfully sub••itte• �L 1 - ' ey :.Rettig, . ire (I.D. No. 19616) is A. Morrison, uire (I.D. No. 307256) 01 Market Street, ' 0 Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr @jdsw.com /jam @jdsw.com Counsel for Additional Defendant :599094 Tyler Ward VERIFICATION I, Tyler Ward, hereby acknowledge that I have read the foregoing Answer to Defendant's' Joinder Complaint with New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. By:l T Ier Ward DATE: I _1 _ ( l CERTIFICATE OF SERVICE AND NOW, this I C) day of January, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer to Defendant's Joinder Complaint with New Matter upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: George S. Donze, Esquire Donze & Donze 696 Unionville Road Suite 6 Kennett Square, PA 19348 Counsel for Plaintiff Thomas E. Brenner, Esquire S. Baker Kensinger, Esquire Goldberg Katzman, P.C. P 0 Box 6991 Harrisburg, PA 17112 Counsel for Defendant Shippensburg University Foundation George B. Faller, Jr., Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Counsel for Additional Defendant Connor Rumberger Josh Rakvin 5 Oaklyn Circle Shrewsbury, PA 17361 Additional Defendant Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Counsel for Additional Defendant Nicholas Phillips JOHNSON, DUFFIE, STEWART & WEIDNER B • 41 K•1 �':''r - 'rey B. Rettig IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 #n' v. t J SHIPPENSBURG UNIVERSITY Civil Action- Law ��c -.V '�D-T' t FOUNDATION -) d rY Defendant y C- V. JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS, AND CONNOR RUMBERGER .. Additional Defendants ACCEPTANCE OF SERVICE I hereby accept service of the Writ of Summons and the Joinder Complaint in the above matter on behalf of Defendant Josh Rakvin. Marshall Dennehey Warner Coleman & Goggin, P.C. Christop er M. Reeser, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 {00679349;v1} A t , v HE PR X61 PN,1 (tit : w 111 EtEI..AND C0UN .x, PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 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. 01148-00111 Attorney for Additional Defendant Josh Rakvin PATRICK J.TAYLOR COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 13-1239 SHIPPENSBURG UNIVERSITY FOUNDATION CIVIL ACTION—LAW Defendant VS. JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS and JURY TRIAL DEMAND CONNOR RUMBERGER Additional Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Additional Defendant, Josh Rakvin, in the above captioned case. MARSHALL DENNEHEY WARNER COLEMA GGIN By: Chris opher M. Reeser, Esquire Attorney for Additional Defendant Rakvin PA ID# 73632 Suite 201 100 Corporate Center Drive K Camp Hill, PA 17011 Ph. 717-651-3509 Fax: 717-651-3707 Email: cmreeser @mdwcg.com Dated: January 16, 2014 A ) +s t i 0T ..dT i Ti. 2014 JAS '--" 17 AiN If 4 5 PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 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. 01148-00111 Attorney for Additional Defendant Josh Rakvin PATRICK J. TAYLOR COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 13-1239 SHIPPENSBURG UNIVERSITY FOUNDATION CIVIL ACTION—LAW Defendant vs. JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS and JURY TRIAL DEMAND CONNOR RUMBERGER Additional Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on January 16, 2014, I served a copy of Additional Defendant Rakvin's Entry of Appearance via First Class United States mail,postage prepaid as follows: George S. Donze, Esquire Thomas E. Brenner, Esquire Donze & Donze Baker Kensinger, Esquire 696 Unionville Road, Suite 6 Goldberg Katzman, PC Kennett Square, PA 19348 PO Box 6991 Attorney for Plaintiff Harrisburg, PA 17112 Attorney for Defendant Shippensburg Jeffrey B. Rettig, Esquire Johnson Duffle Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043 Defendant Tyler Ward Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Attorney for Defendant Phillips George B. Faller, Jr., Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Attorney for Defendant Rumberger Christopher M. Reeser w Jaron R. Nalewak,Esquire , Attorney ID No. 315278 J` 1�2 �rU h3� 3400 Perkiomen Avenue r 4 Reading,PA 19606 R� S3 ) (484)269-8147 a, Attorney for Additional Defendant Nicholas Phillips S�'(Y� t&,'� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PARTICK J. TAYLOR Plaintiff Docket No.: 13-1239 Vs. SHIPPENSBURG UNIVERSITY Civil Action—Law FOUNDATION Defendant and JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS, and CONNOR RUMBERGER Additional Defendants NOTICE TO PLEAD To: Defendant c/o Thomas E. Brenner,Esquire PO Box 6991 Harrisburg,PA 17112 You are hereby notified to file a written response to the enclosed Additional Defendant's Answer to Joinder Complaint with New Matter within twenty(20)days from . service hereof or a judgment may be entered against you. Law f0fffa' e of on R.Nalewak By L Jaro .Nalewak,Esquire Att rney ID No. 315278 3400 Perkiomen Avenue Reading, PA 19606 (484)269-8147 Dated: Attorney for Nicholas Phillips ,' �,' �.Ol�t Jaron R. Nalewak, Esquire Attorney ID No. 315278 3400 Perkiomen Avenue Reading,PA 19606 (484) 269-8147 Attorney for Additional Defendant Nicholas Phillips IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARTICK J. TAYLOR Plaintiff Docket No.: 13-1239 Vs. SHIPPENSBURG UNIVERSITY Civil Action—Law FOUNDATION Defendant and JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS, and CONNOR RUMBERGER Additional Defendants ADDITIONAL DEFENDANT,NICHOLAS PHILLIPS, ANSWER WITH NEW MATTER TO DEFENDANT'S JOINDER COMPLAINT AND NOW, comes Additional Defendant,Nicholas Phillips, by and through his attorney, Jaron R.Nalewak,who hereby files this Answer with New Matter to Defendant's Joinder Complaint as follows: 1. It is admitted that Defendant, Josh Rakvin is an adult individual. As to the balance of the allegations of this paragraph, after reasonable investigation,Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 2. It is admitted that Defendant, Tyler Ward is an adult individual. As to the balance of the allegations of this paragraph, after reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 3. Admitted in part and denied in part. Specifically, it is admitted that Nicholas Phillips is an adult individual with an address of 12 Beechwood Drive, Reading, Bucks County, Pennsylvania. However, it is denied that Nicholas Phillips is an Additional Defendant and proof thereof is demanded. 4. It is admitted that Defendant, Connor Rumberger is an adult individual. As to the balance of the allegations of this paragraph, after reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 5. Admitted. 6. Admitted in part and denied in part. Specifically, it is admitted that the Complaint was filed on June 3, 2013, but denied that it alleges a single count of negligence against SUF. The document speaks for itself. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. After reasonable investigation,Nicholas Phillips is without sufficient knowledge or information from which to form a belief as to the truth of the averments of this paragraph. The document speaks for itself. As such,they are denied. 14. Admitted upon information and belief. 15. Denied as a conclusion of law. 16. Denied. Specifically,Nicholas Phillips was not at all relevant times a tenant of Hot Point Commons Unit 1. Further,Nicholas Phillips was discharged from Shippensburg University.Nicholas Phillips was attending Harrisburg Community College, and he was living at 12 Beechwood Drive, Reading,Berks County Pennsylvania. Additionally, the allegations make reference to a written document, the terms of which speak for themselves. 17. Denied as stated. The Lease Agreement is a document that speaks for itself. 18. Denied. Paragraph 2 is ambiguous. However, if referring to Lease Agreement,Paragraph 2 is the Landlord and makes no reference to prohibiting underage drinking at the rental unit. Further, the Lease Agreement is a document that speaks for itself. 19. Denied. The Lease Agreement is a document that speaks for itself. 20. Denied as stated. The Lease Agreement is a document that speaks for itself. 21. Admitted that only Additional Defendant Nicholas Phillips signed the Lease Agreement. 22. Denied as a legal conclusion to which no response is required. NEW MATTER 23. Defendant's Joinder Complaint failed to state a claim for which relief can be granted. 24. Defendant's claims are barred by the statute of limitations. 25. Additional Defendants cannot be held "solely liable" on Plaintiff's claims as Plaintiff's claims against the Additional Defendants are barred by the statute of limitations. 26. Plaintiff was not a licensee, invitee, or guest of Answering Additional Defendant. 27. Neither Plaintiff nor the individuals who allegedly assaulted him were tenants,tenant's agents, servants, employees,visitors or individuals for whom tenant is responsible. 28. The claims against Answering Additional Defendant are barred by the equitable doctrine of unclean hands. 29. Plaintiff's damages resulted from his own actions. 30. Additional Defendant,Nicholas Phillips, was no longer a student at Shippensburg University and no longer a resident at Unit 1 of the Hot Point Commons Complex. 31. Additional Defendant,Nicholas Phillips, owed no duty to Plaintiff. 32. Additional Defendant,Nicholas Phillips, assumed no duty to Plaintiff. 33. Nicholas Phillips is not liable for, and has no legal duty to prevent the injuries allegedly sustained by Plaintiff as the results of the criminal actions of a third party. 34. Plaintiff's injuries, if any,were caused by actions of an un-named third party. WHEREFORE, Additional Defendant,Nicholas Phillips, respectfully requests that the Joinder Complaint be dismissed without cost to it. Respectfully submitted, Law Offic f J R. Nalewak By Jaron .Nalewak,Esquire Attorney ID No. 315278 3400 Perkiomen Avenue Reading, PA 19606 (484) 269-8147 Attorney for Nicholas Phillips Dated: 1 (�� CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via email or United States first class mail,postage prepaid: George S. Donze, Esquire Thomas E.Brenner, Esquire Donze &Donze S. Baker Kensigner,Esquire 696 Unionville Road Goldberg Katzman, P.C. Suite 6 P.O. Box 6991 Kennett Square, PA 19348 Harrisburg, PA 17112 Attorney for Plaintiffs Attorney for Shippensburg University Foundation Jeffrey B. Rettig, Esquire George B. Faller, Esquire Julia A. Morrison,Esquire Martson Law Offices Johnson, Duffie, Stewart& Weidner 10 East High Street 301 Market Street Carlisle, PA 17013 P.O. Box 109 Attorney for Additional Defendant Lemoyne, PA 17043 Connor Rumberger Attorneys for Additional Defendant Tyler Ward Josh Rakvin 5 Oaklyn Circle Shrewsbury, PA 17361 Additional Defendant Law Office f Jaron R.Nalewak By Jaron .Nalewak,Esquire Attorney ID No. 315278 3400 Perkiomen Avenue Reading, PA 19606 (484) 269-8147 Attorney for Nicholas Phillips Dated: �0 IN THE COURT OF COMMON PLEAS OF ' � f,RD.1161NO j CUMBERLAND COUNTY,PENNSYLVANIAU 4S rG JAN PATRICK J. TAYLOR C"19ERLAND C4U Plaintiff S YLVAIVIANT v Docket No.: 13-1239 V. . SHIPPENSBURG UNIVERSITY Civil Action-Law FOUNDATION Defendant V. . JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS,AND CONNOR RUMBERGER Additional Defendants DEFENDANT'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT TYLER WARD AND NOW, comes Defendant Shippensburg University Foundation by and through its attorneys, Goldberg Katzman, P.C., who states: 23. Denied. This paragraph states a legal conclusion to which no response is necessary. 24. Denied. This paragraph states a legal conclusion to which no response is necessary. 25. Denied. This paragraph states a legal conclusion to which no response is necessary. By way of further,this paragraph is denied pursuant to P.R.Civ.P. 1029(e). 26. Denied. This paragraph is denied pursuant to P.R.Civ.P. 1029(e). 27. Denied. This paragraph is denied as a legal conclusion to which no response is necessary. {00681366;v1} 28. Denied. This paragraph is denied as a legal conclusion to which no response is necessary. 29. Denied. This paragraph is denied as a legal conclusion to which no response is necessary. 30. Denied. This paragraph is denied as a legal conclusion to which no response is necessary. 31. Denied. This paragraph is denied as a legal conclusion to which no response is necessary. 32. Denied. This paragraph is denied as a legal conclusion to which no response is necessary. 33. Denied. This paragraph is denied pursuant to P.R.Civ.P. 1029(e). WHEREFORE, Defendant Shippensburg University Foundation requests the New Matter of Additional Defendant Ward be dismissed with prejudice. GOLDBERG KATZMAN, P.C. By: o s E. Brenner, Esquire Atty No.: 32085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 (717) 234-6808 (facsimile) Date: `' �� Attorney for Defendant, Shippensburg University Foundation 100681366;vl} VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Defendant, Shippensburg University Foundation, that I have read the foregoing document, and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my clients. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: � ' By: Thomas E. Brenner, Esquire {00681366;v1} CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage, prepaid as follows: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiff Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Tyler Ward George B. Faller, Jr. Esquire Martson Law Offices A Professional Corporation Ten East High Street Carlisle, Pennsylvania 17013 Attorney for Connor Rumberger Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Attorney for Nicholas Phillips Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman& Goggin, P.C. 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Attorney for Josh Rakvin B Date: Thomas E. Brenner, Esquire � j 1�-l�`� {00681366;vl) C=1 - r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTN;pW r Mo PENNSYLVANIA U,r- N -<> C) PATRICK J. TAYLOR D� -� Plaintiff 2 = r VS. y,Z N sr SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 > FOUNDATION Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff,by and through counsel, having received notice that Defendant has filed an Answer to Plaintiff's Amended Complaint with New Matter, hereby responds as follows: 13. Denied as a conclusion of law. 14. Denied as a conclusion of law. 15. Denied as a conclusion of law. 16. Denied. It is denied that Plaintiff's damages have resulted from his own actions. To the contrary, Plaintiff's damages were proximately caused by the result of the actions or in actions of Defendant as more specifically set forth in the Complaint. 17. Denied as a conclusion of law. 18. Denied as a conclusion of law. 19. Denied as a conclusion of law. 20. Denied. It is denied that Plaintiff's injuries arose through no fault of SUF. On the contrary, Plaintiff's injuries were proximately caused by the negligence and carelessness of SUF as set forth in Plaintiff's Amended Complaint. 21. Admitted. It is admitted that SUF did not provide security at Hot Point Commons. By way of further answer, and as set forth in Plaintiff's Amended Complaint, SUF had a duty to provide security at Hot Point Commons. 22. Admitted in part, denied in part. It is admitted that Plaintiff's injuries were caused by the actions of unnamed third parties however for the reasons set forth in Plaintiff's Amended Complaint, SUF is liable to Plaintiff and their actions or inactions were a substantial factor in bringing out the injuries to Plaintiff. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against Defendant. t D to Ge ge S.iDonze, QQuire DONZE &DONZE 696 Unionville Rd., Suite 6 Kennett Square, PA 19348 (610) 444-8018 Attorney ID# 30082 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff VS. SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 FOUNDATION Defendant CERTIFICATE OF SERVICE I, GEORGE S. DONZE, hereby certify that on this 91" day of January, 2014, a complete copy of Plaintiffs Answers to Defendant's New Matter have been served via U.S. Mail to the following person: Thomas E. Brenner, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 DO & DONZE By: G ORGE S.boNkE Attorney for Pla ntiff Attorney I.D. #30082 Willowdale Town Center Routes 926 and 82 696 Unionville Road, Suite 46 Kennett Square, PA 19348 Tel: 610-444-8018 Fax: 610-444-8040 VERIFICATION I, Patrick Taylor, Plaintiff, verify that the statements made in the foregoing Answer to Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date PATRICK TAYLOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PATRICK J. TAYLOR Plaintiff Docket No.: 13-1239 c V. Cj xm SHIPPENSBURG UNIVERSITY Civil Action-Law ' FOUNDATION '�E5 Defendant �-- ca V. p JOSH RAKVIN, TYLER WARD, , NICHOLAS PHILLIPS,AND , CONNOR RUMBERGER Additional Defendants DEFENDANT'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT NICHOLAS PHILLIPS AND NOW, comes Defendant Shippensburg University Foundation by and through its attorneys, Goldberg Katzman, P.C., who states: 23. Denied. This paragraph states a legal conclusion to which no response is necessary. 24. Denied. This paragraph states a legal conclusion to which no response is necessary. 25. Denied. This paragraph states a legal conclusion to which no response is necessary. 26. Denied. This paragraph is denied pursuant to P.R.Civ.P. 1029(e). 27. Denied. This paragraph is denied pursuant to P.R.Civ.P. 1029(e). 28. Denied. This paragraph states a legal conclusion to which no response is necessary. 100682395;v1} 29. Admitted. 30. Denied. This paragraph is denied pursuant to P.R.Civ.P. 1029(e). 31. Denied. This paragraph states a legal conclusion to which no response is necessary. 32. Denied. This paragraph states a legal conclusion to which no response is necessary. 33. Denied. This paragraph states a legal conclusion to which no response is necessary. 34. Denied. This paragraph is denied pursuant to P.R.Civ.P. 1029(e). WHEREFORE, Defendant Shippensburg University Foundation requests the New Matter of Additional Defendant Nicholas Phillips be dismissed with prejudice. GOLDBERG KATZMAN, P.C. UBy. 1/1ik� Tho renner, Esquire Xtty No.: 32085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 (717) 234-6808 (facsimile) Date: '\�� Attorney for Defendant, Shippensburg University Foundation 100682395;v1} VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Defendant, Shippensburg University Foundation, that I have read the foregoing document, and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my clients. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: t{ i Thomas E. Brenner, Esquire {00682395;vI CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage,prepaid as follows: George S. Donze, Esquire 696 Unionville Road Suite 6 Kennett Square, PA 19348 Attorney for Plaintiff Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Tyler Ward George B. Faller, Jr. Esquire Martson Law Offices A Professional Corporation Ten East High Street Carlisle, Pennsylvania 17013 Attorney for Connor Rumberger Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Attorney for Nicholas Phillips Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin, P.C. 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Attorney for Josh Rakvin I ryv: r Date: Thomas E. Brenner, Esquire ��a�� {00682395;vI I ,'! �} L ,Er ','t6 ! `'fr'11iI`frfl7 �i 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 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. 01148-00111 Attorney for Additional Defendant Josh Rakvin PATRICK J. TAYLOR • COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. • No. 13-1239 SHIPPENSBURG UNIVERSITY • FOUNDATION : CIVIL ACTION—LAW Defendant • vs. • JOSH RAKVIN, TYLER WARD, • NICHOLAS PHILLIPS and • JURY TRIAL DEMAND CONNOR RUMBERGER • Additional Defendants NOTICE TO PLEAD TO: George S. Donze, Esquire Thomas E. Brenner, Esquire Donze & Donze Baker Kensinger, Esquire 696 Unionville Road, Suite 6 Goldberg Katzman, PC Kennett Square, PA 19348 PO Box 6991 Attorney for Plaintiff Harrisburg, PA 17112 Attorney for Defendant Shippensburg You are hereby notified to plead to the enclosed Answer with New Matter and Crossclaim within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL DENNEHEY WARNER COLEMAN . : . GIN By: 'OM Christ.-•- • . Reeser, Esquire Attorney for Defendant Rakvin 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 Dated: February 20, 2014 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 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. 01148-00111 Attorney for Additional Defendant Josh Rakvin PATRICK J. TAYLOR • COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . vs. • No. 13-1239 SHIPPENSBURG UNIVERSITY . FOUNDATION • CIVIL ACTION—LAW • • Defendant . vs. . JOSH RAKVIN, TYLER WARD, . NICHOLAS PHILLIPS and JURY TRIAL DEMAND CONNOR RUMBERGER . • Additional Defendants . ADDITIONAL DEFENDANT JOSH RAKVIN'S ANSWER WITH NEW MATTER TO SHIPPENSBURG UNIVERSITY FOUNDATION'S JOINDER COMPLAINT 1. Admitted in part; denied in part. It is admitted that Additional Defendant Josh Rakvin is an adult individual. It is denied that Josh Rakvin resides at 5 Oaklyn 1 Circle, Shrewsbury, Pennsylvania. Mr. Rakvin resides at 436 South Stone Avenue, LaGrange, Illinois 60525. 2. Admitted. 3. It is admitted that Additional Defendant Nicholas Phillips is an adult individual. The remainder of the allegation in paragraph 3 is denied pursuant to Pa.R.C.P. 1029(e). 4. It is admitted that Additional Defendant Connor Rumberger is an adult individual. The remainder of the allegation in paragraph 4 is denied pursuant to Pa.R.C.P. 1029(e). 5. Admitted. 6. It is admitted that Plaintiff filed a Complaint on June 3, 2013. The Complaint that Plaintiff filed against Shippensburg University Foundation speaks for itself. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. It is admitted that Plaintiff alleges that on March 18, 2011, he was physically assaulted while attending a party in Unit 1 of Hotpoint Commons Complex. By way of further answer, Answering Defendant denies that Plaintiff attended a party in Unit 1 of Hotpoint Commons, or that he was assaulted in Unit 1 of Hotpoint Commons. 14. Admitted upon information and belief. 2 15. Admitted. By way of further answer, the allegations contained in Plaintiffs Amended Complaint against Shippensburg University Foundation speaks for itself. 16. Denied as stated. On March 18, 2011, Additional Defendants Rakvin, Ward and Rumberger were residents of Hotpoint Commons Unit 1. Additional Defendant Phillips was not living at Hotpoint Commons Unit 1, although he signed the lease agreement which is attached to the Joinder Complaint as Exhibit C. 17. To the extent that the terms of the lease agreement are correctly quoted, the allegation is admitted. 18. Denied. Paragraph 2 of the lease agreement prohibits underage drinking. However, it is admitted that the lease agreement states that underage drinking is prohibited, as does Pennsylvania law. 19. Denied as stated. The language of the lease agreement is interpreted in a manner which is favorable to Shippensburg University Foundation with said interpretation being denied. By way of further answer, the language of the agreement speaks for itself and its interpretation is subject to Pennsylvania law. 20. To the extent that the terms of the lease agreement are correctly quoted, the allegation is admitted. 21. It is admitted that Additional Defendant Josh Rakvin signed the lease agreement. By way of further answer, it is believed that the signatures which appear on the lease agreement other than that of Josh Rakvin are of the other Additional Defendants. 22. Denied. The allegation in paragraph 22 is a legal conclusion to which no responsive pleading is required. 3 WHEREFORE, Additional Defendant Josh Rakvin requests judgment be entered in his favor. NEW MATTER 23. Plaintiff does not have a direct claim against Additional Defendants as Additional Defendants were joined after the running of the statute of limitations. 24. Upon information and belief, Plaintiff Patrick Taylor was never in Unit 1 of Hotpoint Commons until after he was injured. 25. If Plaintiff was assaulted, the assault did not occur in Unit 1 of Hotpoint Commons, or on property leased by Additional Defendant Rakvin. 26. Answering Defendant does not know if Plaintiff was assaulted. If Plaintiff was assaulted, Answering Defendant does not know who assaulted him, but that individual would not have been a licensee, invitee or guest of Additional Defendant Rakvin. 27. Sole liability to Plaintiff, if any, rests with a party other than Answering Defendant. 28. Defendant Shippensburg University Foundation has failed to state a cause of action against Additional Defendant upon which relief may be granted. WHEREFORE, Additional Defendant Josh Rakvin requests judgment be entered in his favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMA :- OGGIN By: Chris •. -r . Reeser, Esquire Attorney for Defendant Rakvin PA ID# 73632 Suite 201 4 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax: 717-651-3707 Email: cmreeser @mdwcg.com Dated: February 20, 2014 5 VERIFICATION I,Josh Rakvin,hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel,and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 'I,:H RAKVIN Dated: ncti I 8/1 0 1 148-001 1 1/AWNM 5 • MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID No. 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. 01148-00111 Attorney for Additional Defendant Josh Rakvin PATRICK J. TAYLOR • COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff vs. • No. 13-1239 • SHIPPENSBURG UNIVERSITY FOUNDATION • CIVIL ACTION—LAW • • Defendant • vs. • JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS and • JURY TRIAL DEMAND • CONNOR RUMBERGER • • Additional Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 16, 2014, I served a copy of Additional Defendant Rakvin's Answer with New Matter via First Class United States mail, postage prepaid as follows: George S. Donze, Esquire Thomas E. Brenner, Esquire Donze & Donze Baker Kensinger, Esquire 696 Unionville Road, Suite 6 Goldberg Katzman, PC Kennett Square, PA 19348 PO Box 6991 Attorney for Plaintiff Harrisburg, PA 17112 Attorney for Defendant Shippensburg Jeffrey B. Rettig, Esquire Johnson Duffle Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043 Defendant Tyler Ward Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Attorney for Defendant Phillips George B. Faller, Jr., Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Attorney for Defendant Rumberger Chri e _- . Reeser F.\FILES\Clients\15487 Rumberger\15487.I.ans Revised. 2/21/14 11 1 1 AM George B. Faller, Jr., Esquire s PR O1 it ION J j MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 2014 FEB 21 PH t2: 5 I.D. 49813 10 as High Street CUMBERLAND COUNT,` Carlisle, PA 17013 PENNSYLVANIA (717) 243-3341 Attorneys for Defendant Connor Rumberger PATRICK J. TAYLOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. SHIPPENSBURG UNIVERSITY : NO. 13-1239 FOUNDATION, : CIVIL ACTION - LAW Defendant • v. • JOSH RAKVIN, TYLER WARD, • NICHOLAS PHILLIPS, AND • CONNOR RUMBERGER, Additional Defendant : JURY TRIAL DEMANDED ADDITIONAL DEFENDANT CONNOR RUMBERGER'S ANSWER TO DEFENDANT'S JOINDER COMPLAINT AND NOW, comes the Additional Defendant Connor Rumberger, by his attorneys, MARTSON LAW OFFICES, and hereby responds to the Joinder Complaint as follows: 1-3. It is admitted that Josh Rakvin is an adult individual. Answering Defendant is without knowledge or information sufficient to form a belief as to his current address. 4. Admitted. 5. Admitted on information and belief. 6. It is admitted that a Complaint was filed on or about June 3, 2013. The averments of those allegations are denied as they pertain to the Answering Additional Defendant. 7-12. Based on information and belief and a review of the docket, these allegations are admitted. 13. The Amended Complaint is a written document which speaks for itself. To the extent that the document makes any allegations concerning actions on behalf of Answering Additional Defendant, the allegations are denied pursuant to Pa. R.C.P. 1029(e). 14. Admitted. 15-20. The averments of these paragraphs refer to a document which speaks for itself. To the extent that the document refers to Answering Additional Defendant, any allegations are specifically denied and denied pursuant to Pa. R.C.P. 1029(e). 21. It is admitted that Additional Defendant Connor Rumberger signed the lease. 22. The averments of this paragraph are a conclusion of law to which no response is required. To the extent a response may be deemed required,Additional Defendant cannot be solely liable to Plaintiffs, since they were joined after the Statute of Limitations. NEW MATTER 23. The Defendant's claims are barred by the Statute of Limitations. 24. The Additional Defendants cannot be held "solely liable" on Plaintiff's claims as Plaintiff's claims against the Additional Defendants are barred by the Statute of Limitations. 25. Plaintiff was not a licensee, invitee or guest of Answering Additional Defendant. 26. Neither Plaintiff nor the individuals who allegedly assaulted him were tenants, tenant's agents, servants, employees, visitors or individuals for whom tenant is responsible. 27. Defendant's Joinder Complaint fails to state a claim upon which relief may be granted. 28. The claims against the Answering Additional Defendant are barred by the Doctrine of Unclean Hands. 29. Answering Additional Defendant owed no duty to Plaintiff. 30. Answering Additional Defendant assumed no duty to Plaintiff. 31. Answering Additional Defendant is not liable for and has no legal duty to prevent the injuries allegedly sustained by Plaintiff as the result of the criminal actions of a third party. 32. Plaintiff's injuries,if any,arose through no fault of Answering Additional Defendant. 33. Plaintiff's injuries, if any, were caused by actions of an unnamed third party. WHEREFORE, Answering Defendant demands judgment in its favor and dismissal of the Joinder Complaint with prejudice. MARTSON LAW OFFICES By George B. Faller, J -squire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Connor Rumberger Dated: 2/21/14 VERIFICATION The foregoing Additional Defendant Connor Rumberger's Answer to Defendant's Joinder Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Connor Rumberger F.\FILES\Clients\15487 Rumberger\15487,1.ans CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: George S. Donze, Esquire DONZE & DONZE 696 Unionville Road, Suite 6 Kennett Square, PA 19348 Counsel for Plaintiff Thomas E. Brenner, Esquire S. Baker Kensinger, Esquire P.O. Box 6991 Harrisburg, PA 17112 Counsel for Shippensburg University Foundation Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin, P.C. 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Additional Defendant Josh Rakvin Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart& Weidner 301 Market Street—P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Additional Defendant Tyler Ward Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Counsel for Additional Defendant Nicholas Phillips MARTS N SLAW OFFFICES By u) (�i�'ll` �l UI)/0 Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 2/21/14 r � Thomas E.Brenner,Esquire Attorney I.D.32085 , P.O.Box 6991 ; ; 1 a Harrisburg,PA 17112 j '-1 Phone:(717)234-4161 =i F1'Ei Lfilsv' 1 Attorney for Shippensburg University Foundation ' Y � �1 A r`' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PATRICK J. TAYLOR Plaintiff • Docket No.: 13-1239 v. SHIPPENSBURG UNIVERSITY Civil Action- Law FOUNDATION Defendant v. JOSH RAKVIN,TYLER WARD, NICHOLAS PHILLIPS, AND CONNOR RUMBERGER Additional Defendants REPLY OF DEFENDANT SHIPPENSBURG UNIVERSITY FOUNDATION TO NEW MATTER OF ADDITIONAL DEFENDANT CONNOR RUMBERGER AND NOW, comes Defendant by and through its attorneys, Goldberg Katzman, P.C., who states: 23. Denied. This paragraph states a legal conclusion to which no response is necessary. 24. Denied. This paragraph states a legal conclusion to which no response is necessary. 25. Denied. This paragraph states a legal conclusion to which no response is necessary. 26. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 27. Denied. This paragraph states a legal conclusion to which no response is necessary. 28. Denied. This paragraph states a legal conclusion to which no response is necessary. 29. Denied. This paragraph states a legal conclusion to which no response is necessary. {00687020;v1} 30. Denied. This paragraph states a legal conclusion to which no response is necessary. 31. Denied. This paragraph states a legal conclusion to which no response is necessary. 32. Denied. This paragraph states a legal conclusion to which no response is necessary. 33. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant, Shippensburg University Foundation requests the New Matter of Additional Defendant Connor Rumberger be dismissed with prejudice. GOLDBERG KATZMAN, P.C. C141--)1L------ By: Thomas E. Brenner, Esquire Atty No.: 32085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 (717) 234-6808 (facsimile) Date: /? 1 I/ Attorney for Defendant, Shippensburg University Foundation {00687020;v1) VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Defendant, Shippensburg University Foundation, that I have read the foregoing document, and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my clients. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ,?(,)-7// B 7 / `� By: Thomrenner, Esquire {00687020;v1} • CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage, prepaid as follows: George S. Donze, Esquire Donze &Donze 696 Unionville Road, Suite 6 Kennett Square, PA 19348 Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street Lemoyne, PA 17043 George B. Faller, Jr. Esquire Martson Law Offices A Professional Corporation Ten East High Street Carlisle, Pennsylvania 17013 Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman& Goggin, P.C. 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 i By. bl" .71111M. Brenner, Esquire Date: 42,7 7 {00687020;v1} ,r Thomas E.Brenner,Esquire Attorney I.D.32085 P.O.Box 6991 23 F E 2 3 H: Harrisburg,PA 17112 Phone:(717)234-4161 C M h ,Ai'iD COUNT. Attorney for Shippensburg University Foundation PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PATRICK J. TAYLOR Plaintiff • Docket No.: 13-1239 v. SHIPPENSBURG UNIVERSITY Civil Action- Law FOUNDATION Defendant v. JOSH RAKVIN, TYLER WARD, NICHOLAS PHILLIPS,AND CONNOR RUMBERGER Additional Defendants REPLY OF DEFENDANT SHIPPENSBURG UNIVERSITY FOUNDATION TO NEW MATTER OF ADDITIONAL DEFENDANT JOSH RAKVIN AND NOW, comes Defendant by and through its attorneys, Goldberg Katzman, P.C., who states: 23. Denied. This paragraph states a legal conclusion to which no response is necessary. 24. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 25. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 26. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). Further response, this paragraph states a legal conclusion to which no response is necessary. 27. Denied. This paragraph states a legal conclusion to which no response is necessary. 28. Denied. This paragraph states a legal conclusion to which no response is necessary. {00687027;v1} WHEREFORE, Defendant, Shippensburg University Foundation requests the New Matter of Additional Defendant Josh Rakvin be dismissed with prejudice. GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Atty No.: 32085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 (717) 234-6808 (facsimile) Date: ,� j Y�f t Attorney for Defendant, Shippensburg University Foundation {00687027;v1) VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Defendant, Shippensburg University Foundation, that I have read the foregoing document, and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my clients. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Date: (2- 7( 1 By: n - T o -as . Brenner, Esquire {00687027;v1) CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage,prepaid as follows: George S. Donze, Esquire Donze &Donze 696 Unionville Road, Suite 6 Kennett Square, PA 19348 Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street Lemoyne, PA 17043 George B. Faller, Jr. Esquire Martson Law Offices A Professional Corporation Ten East High Street Carlisle, Pennsylvania 17013 Jaron R. Nalewak, Esquire 3400 Perkiomen Avenue Reading, PA 19606 Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman& Goggin, P.C. 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Thomas-E. Brenner, Esquire Date: �7(/ {00687027;v1} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK J. TAYLOR Plaintiff : CD VS. C"7 a -r SHIPPENSBURG UNIVERSITY CASE NO. 13-1239 - FOUNDATION r- - r Defendant> ORDER TO SETTLE, DISCONTINUE AND EN cp 7,7 -11 .- `; TO THE PROTHONOTARY: Mark the above -captioned matter "Settled, Discontinued and Ended" upon payment of your costs. Date: ?. / /pf By: DON /L DONZE ORGE S. D E Attorney for Plaintiff I.D. No. 30082 696 Unionville Road, Suite #6 Kennett Square, PA 19348 610-444-8018