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HomeMy WebLinkAbout13-2862 Supreme Court of_ Pennsylvania Cou" C,om o Pleas V` 1� For Prothonotary Use Only: 'W14Cbw,r, pet CU' 'r Docket No: County The information collected on thisJorrn is used solely court administration Imn This form does not supplement or replace ihefiling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Kathleen Massa Estate of David J. Timberlake, Jr. I ❑ Check here if you are a Self - .Represented (Pro Se) Litigant 0 Name of Plaintiff/Appellant's Attomey: W. Scott Henning N Dollar Amount Requested: El within arbitration limits Are money damages requested?: Yes F] No (Check on) R outside arbitration limits �A Is this a Class Action Suit? ❑ Yes 0 No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) Employment Dispute: Slander/Libel/ Defamation Discrimination 171 C MX Other: ❑Employment Dispute: Other T Doq Bite Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N 8 Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste . ❑ Other: El Ejectment El Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 OF' f'E PfROTl- 1 1 011 1 0 T"J , 1, ,. 1 L 7 013 MAY 20 PM 1 4 0 W. Scott Henning CUMBERLAND COUNTY Attorney ID# 32298 PENNSYLVANIA HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Attorney for Plaintiff(s) Fax : (717) 233 -3029 E -mail: Henning @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 2f3L; Civil Action (XX) Kathleen J. Massa, : Donna J. Fox, Administrator of the 600 Red Lion Rd. : Estate of David J. Timberlake Apt. V6 400 Riverbend Drive Philadelphia, PA .19115 Enola, PA 17025 Morgan Properties Trust, individually and d /b /a Camp Hill Plaza Apartments 121 November Drive Camp Hill, PA 17011 Camp Hill Associates, LLC, d /b /a Camp Hill Plaza Partners, L.P., d /b /a Camp Hill Plaza Apartments 121 November Drive Camp Hill, PA 17011 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above - captioned action. X Writ of Summons Shall be issued and forwarded to (X )Attorney ( )Sheriff W. Scott Henning Handler. Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Signat Att ney Kee.* (717) 238 -2000 Supre Court D No. 32298 IOU &A,3 ealb in Name /Address/Telephone No. .41 317 y of Attorney Date: May 20, 2013 A- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r'!L F—D-tJF Sheriff H i `° r VON nQ� rai��Gr � t?I i H� t P �� I��ii�t'�� !it ; Jody S Smith � 2013 JUN _1 AH 10: 00. Chief Deputy K Richard W Stewart Solicitor OFF!&E OF THE SHERIFF CUMBERLAQ CO ti 1 y PEMSYLVAHIA Kathleen Massa Case Number vs. 2013-2862 Donna J Fox,Administrator of the Estate of David J. Timberlake(et al.) SHERIFF'S RETURN OF SERVICE 05/29/2013 01:43 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Andrew Kaehler, Property Manager, who accepted as"Adult Person in Charge"for Morgan Properties Trust at 121 November Drive, Camp Hill Borough, Camp Hill, PA 17011. RYAN BURGETT, DE 05/29/2013 01:43 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Andrew Kaehler, Property Manager,who accepted as"Adult Person in Charge"for Morgan Properties Trust d/b/a Camp Hill Plaza Apartments at 121 November Drive, Camp Hill Borough, Camp Hill, PA 17011. RYAN BURGE , 05/29/2013 01:43 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Andrew Kaehler, Property Manager,who accepted as"Adult Person in Charge"for Camp Hill Asociates, LLC d/b/a Camp Hill Plaza Partners, LP at 121 November Drive, Camp Hill Borough, Camp Hill, PA 17011. RYAN BURGETT, DEP SHERIFF COST: $93.95 SO ANSWERS, May 30, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA --ww"20/*;) No. 2013—10(y. — Civil Action (XX) Law ) Equity Kathleen J. Massa Donna J. Fox, Administrator of the Estate of 600 Red Lion Rd. David J. Timberlake, Jr. Apt. V6 400 Riverbend Drive, Philadelphia, PA 19116 Enola, PA 17025 AFFIDAVIT OF SERVICE I accept service of the Writ of Summons (on behalf of the Estate of David J. Timberlake, Jr. and certify that I am authorized to do so). Date Donna J. Fox, Admi strator f6r the Estate of David J. Timberlake, Jr. 400 Riverbend Drive Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. MASSA 600 Red Lion Road Apartment V6 Philadelphia, PA 19115 Plaintiff, vs. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR. 400 Riverbend Drive Enola, PA 17025 MORGAN PROPERTIES TRUST, individually and d /b /a Camp Hill Plaza Apartments 121 November Drive Camp Hill, PA 17011 and CAMP HILL ASSOCIATES, LLC, d /b /a Camp Hill Plaza Partners, L.P., d /b /a Camp Hill Plaza Apartments 121 November Driver Camp Hill, PA 171011 Defendants. CIVIL ACTION — LAW NO.: 2013 -2862 NOTICE r ;� 1-- f:��nrtii cou,: � ~� PEENNS YLV�a��>'a ' YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 (717) 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de Ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por Ia Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 (717) 249 -3166 HANDLER, HENNING & ROSENBERG, LLP By: W. Scott Henning, Esquire W. Scott Henning (PA 32298) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. MASSA 600 Red Lion Road Apartment V6 Philadelphia, PA 19115 Plaintiff, vs. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR. 400 Riverbend Drive Enola, PA 17025 MORGAN PROPERTIES TRUST, individually and d/b /a Camp Hill Plaza Apartments 121 November Drive Camp Hill, PA 17011 and CAMP HILL ASSOCIATES, LLC, d/b /a Camp Hill Plaza Partners, L.P., d/b /a Camp Hill Plaza Apartments 121 November Driver Camp Hill, PA 171011 Defendants. CIVIL ACTION — LAW NO.: 2013 -2862 COMPLAINT Plaintiff, Kathleen J. Massa ( "Ms. Massa "), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, makes this Complaint against Defendants, Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr. ( "Defendant Fox "), Morgan Properties Trust ( "Defendant Morgan Properties "), and Camp Hill Associates, LLC ( "Defendant Camp Hill Associates "), and avers as follows: 1. Kathleen J. Massa is a competent adult individual currently residing at 600 Red Lion Road, Apartment V6, Philadelphia, Philadelphia County, Pennsylvania. 2. Defendant Fox, upon information and belief, is a competent adult individual residing at 400 Riverbend Drive, Enola, Cumberland County, Pennsylvania. Defendant Fox is the Court- approved Administrator of the Estate of David J. Timberlake, Jr. 3. Defendant Morgan Properties, upon information and belief, is a real estate investment company operating under the fictitious name of "Morgan Properties." Defendant Morgan Properties owns, maintains, and operates the apartment complex of Camp Hill Plaza Apartments, located at 121 November Drive, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant Camp Hill Associates, upon information and belief, is a business entity that owns, maintains, and operates Camp Hill Plaza Apartments, located at 121 November Driver, Camp Hill, Cumberland County, Pennsylvania. Camp Hill Associates, LLC is a Pennsylvania limited liability company that serves as the general partner of Camp Hill Plaza Partners, LP, a limited partnership formed under the laws of Delaware. 5. On or about May 20, 2011, Kathleen J. Massa was a tenant of Camp Hill Plaza Apartments and resided at 3520 September Drive, Apartment 6, Camp Hill, Cumberland County, Pennsylvania. 2 6. On or about May 20, 2011, David J. Timberlake Jr. was also a tenant of Camp Hill Plaza Apartments and resided at 3520 September Drive, Apartment 4, Camp Hill, Cumberland County, Pennsylvania. 7. At all times material to this action, David J. Timberlake Jr. was the owner and/or keeper of an Akita, a breed of dog, by the name of "Freedom" ( "the Akita" or "the dangerous dog "). The Akita resided with David J. Timberlake Jr. at his apartment, and he retained sole responsibility for the dangerous dog. 8. On or about May 20, 2011, at approximately 5:30 p.m., Kathleen J. Massa was walking on a public sidewalk within Camp Hill Plaza Apartments when she approached Defendant, David J. Timberlake Jr's. daughter, who was walking the Akita on a leash. 9. Without provocation or any indication of aggression, the Akita spontaneously lunged at Kathleen J. Massa and bit her on her left arm near her triceps, causing her serious personal injuries. 10. David J. Timberlake Jr., knew or should have known of the Akita's vicious propensities, as the Akita was involved in five (5) previous bite incidents, one of which occurred when the Akita bit Kathleen J. Massa's dog. Of these previous incidents, two (2) gave rise to law suits. 11. As a direct and proximate result of this incident, Kathleen J. Massa's sustained serious personal injuries as set forth below in detail. COUNT I — NEGLIGENCE Kathleen J. Massa v. Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr. 12. All prior paragraphs are incorporated herein as it set forth fully below. 13. The occurrence of the aforementioned incident and all resultant injuries to Kathleen J. Massa are the direct and proximate result of the negligence of David J. Timberlake 3 Jr., generally and more specifically as set forth below: a. in harboring a dangerous dog that has a known propensity to act in a vicious manner by attacking human beings and domesticated animals without provocation in violation of 3 Pa. Stat. § 459-502 - A; b. in failing to properly restrain a dangerous dog as to prevent an unprovoked attack on a human being and/or domesticated animal; c. in failing to properly control a dangerous dog as to prevent an unprovoked attack on a human being and /or domesticated animal; d. in failing to warn others of the dangerous dog's vicious propensity to attack human beings and/or domesticated animals, as indicated by the Akita's five (5) prior known attacks; e. in allowing the dangerous dog to be present in a public area, where it is likely that the Akita would encounter human beings and/or other domesticated animals and react in a vicious manner; and f. in allowing and in failing to prevent an attack on a human being, such as Kathleen J. Massa, by the dangerous dog. 14. As a direct and proximate result of David J. Timberlake Jr.'s, negligence, Kathleen J. Massa has: a. suffered injuries, including but not limited to, a one and a half (1 1/2) inch laceration, requiring sutures to mend the wound, and an additional puncture wound on her arm; b. undergone continuing medical care and surgeries for her injury; 4 c. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; d. been compelled, in an effort to cure her injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; e. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; and f. been, and will be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 15. When a dog owner and/or keeper has actual and/or constructive knowledge of the dog's vicious propensity to attack human beings and/or domesticated animals, an attack by such a dog on a human being imposes strict liability on the owner and/or keeper. 16. David J. Timberlake Jr., had actual and/or constructive knowledge of the Akita's vicious propensity to attack human beings and/or domesticated animals based upon the Akita's five (5) previous bite incidents. WHEREFORE, Kathleen J. Massa, seeks that this Honorable Court hold Defendant Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr., strictly liable for damages in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 5 COUNT II — NEGLIGENCE PER SE Kathleen J. Massa v. Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr. 17. All prior paragraphs are incorporated herein as if set forth fully below. 18. Based upon the above - mentioned dog bite incident, David J. Timberlake, Jr., violated 3 Pa. Stat. § 459 -502 -A — Summary offense of harboring a dangerous dog, since David J. Timberlake, Jr., was the owner and/or keeper of the Akita that attacked a human being without provocation and previously established a history of attacking human beings and/or domesticated animals without provocation. 19. As such, David J. Timberlake, Jr., had actual and/or constructive knowledge that the Akita was a dangerous dog within the definition of 3 Pa. Stat. § 459 - 502 -A. 20. Kathleen J. Massa, as a victim of an attack by a dangerous dog, was a member of the class that was intended to be protected by the passage of the statute, and Kathleen J. Massa's above - mentioned injuries were the type of the injuries that the statute aimed to prevent. 21. As a direct and proximate result of David J. Timberlake, Jr.'s, violation of the statute, Kathleen J. Massa has sustained damages as stated above. WHEREFORE, Kathleen J. Massa seeks damages from Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III — NEGLIGENCE Kathleen. J. Massa v. Morgan Properties Trust, d/b /a Camp Hill Plaza Partners, L.P., d/b /a Camp Hill Plaza Apartments and Camp Hill Associates 22. All prior paragraphs are incorporated herein as if set forth fully below. 23. Defendant Morgan Properties and Defendant Camp Hill Associates (collectively "the landlords ") were the owners and landlords of Camp Hill Plaza Apartments on the date of the incident. 6 24. "A landlord out of possession may be held liable for injuries by animals owned and maintained by his tenant when the landlord has knowledge of the presence of the dangerous animal and where he has the right to control or remove the animal by retaking possession of the premises." Palermo by Palermo v. Nails, 483 A.2d 871, 873 (Pa. Super. Ct. 1984). 25. The landlords had actual and/or constructive knowledge of the presence of the dangerous dog that was owned and/or maintained by David J. Timberlake, Jr., on the premises, as David J. Timberlake, Jr. openly walked and displayed the Akita on the premises of Camp Hill Plaza Apartments. 26. Upon information and belief, the landlords maintained a policy provision within its lease with David J. Timberlake, Jr., that forbid tenants from owning and/or maintaining dangerous dogs on the premises. Ownership and /or maintenance of a dangerous dog on the premises would constitute a violation of the lease and allow the landlords to retake possession of the premises. 27. The occurrence of the aforementioned incident and all resultant injuries to Kathleen J. Massa are the direct and proximate result of the negligence of the Defendants, generally and more specifically as set forth below: a. in allowing a known dangerous animal, owned and maintained by a tenant, to remain on the premises; b. in failing to post any warnings regarding the existence of a known dangerous animal, owned and maintained by a tenant; and c. in failing to take any measures to avoid the occurrence of an attack by a known dangerous animal, owned and maintained by a tenant. 28. As a direct and proximate result of the Defendants' negligence, Kathleen J. Massa 7 has the injuries and damages as stated above. WHEREFORE, Kathleen J. Massa seeks damages from Morgan Properties Trust, individually and t/d/b /a Camp Hill Plaza Apartments and Camp Hill Associates, LLC d/b /a Camp Hill Partners, L.P. d/b /a Camp Hill Apartments, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: I/ /6 --020it By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP W. Scott Hennin HANDLER, HE 1300 Linglesto Road, Harrisburg, PA 17110 Ph. 717.23 8.2000 Fax 717.233.3029 henning @hhrlaw.com 2298) Attorneys for Plaintiff. 8 NBERG, LLP ite 2 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 41 qiq Kathleen J. Massa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. MASSA 600 Red Lion Road Apartment V6 Philadelphia, PA 19115 Plaintiff, vs. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR. 400 Riverbend Drive Enola, PA 17025 MORGAN PROPERTIES TRUST, individually and d/b /a Camp Hill Plaza Apartments 121 November Drive Camp Hill, PA 17011 and CAMP HILL ASSOCIATES, LLC, d/b /a Camp Hill Plaza Partners, L.P., d/b /a Camp Hill Plaza Apartments 121 November Driver Camp Hill, PA 171011 Defendants. CIVIL ACTION — LAW NO.: 2013 -2862 CERTIFICATE OF SERVICE On the 16t day of April, 2014, I hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by Certified Mail: Donna J. Fox 400 Riverbend Drive Enola, PA 17025 CAMP HILL ASSOCIATES, LLC, d/b /a Camp Hill Plaza Partners, L.P., d/b /a Camp Hill Plaza Apartments 121 November Driver Camp Hill, PA 17011 MORGAN PROPERTIES TRUST, individually and d/b /a Camp Hill Plaza Apartments 121 November Drive Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 tjmcmahon@mdwcg.com Attorney for Defendant r :E PRO ,t CUPIBERL AND COU PENH'S YLVAN/A I I,. KATHLEEN J. MASSA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION — LAW MORGAN PROPERTIES TRUST, : Individually and d/b/a CAMP HILL PLAZA: APARTMENTS and CAMP HILL : NO. 2013-2862 ASSOCIATES, LLC, d/b/a CAMP HILL . PLAZA PARTNERS, L.P., d/b/a CAMP . HILL PLAZA APARTMENTS, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendants, MORGAN PROPERTIES TRUST, Individually and d/b/a CAMP HILL PLAZA APARTMENTS and CAMP HILL ASSOCIATES, LLC, d/b/a CAMP HILL PLAZA PARTNERS, L.P., d/b/a CAMP HILL PLAZA APARTMENTS, with respect to the above - referenced matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy on, Esquire I.D. No. 5 91 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 Dated: S- /3 - 05/1220442.v1 CERTIFICATE OF SERVICE I, Barbara E. Steel, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this /3 day of Y , 2014, I served a copy of the Entry of Appearance, via First Class United States mail, postage prepaid as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff Donna J. Fox 400 Riverbend Drive Enola, PA 17025 Defendant pro se Barbara E. Steel 05/1220442.v1 TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 tjmcmahon a,mdwcg.com Attorney for Defendant jyON 0 TA R JUL —3 [„` , ili 1c�: +1 L) CUMBERLAND COUN Y PENNSYLVANIA KATHLEEN J. MASSA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW DONNA J. FOX, Administratrix of the Estate of DAVID J. TIMBERLAKE, JR., : MITCHELL L. MORGAN MANAGEMENT, INC., and CAMP HILL : PLAZA PARTNERS, L.P., Defendants NO. 2013-2862 NOTICE TO PLEAD TO: Kathleen J. Massa, Plaintiff c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN TimothyV. 1Mahon, Esquire I.D. No. 529 8 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 05/1230130.v1 TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 timcmahon a,mdwcg.com Attorney for Defendant KATHLEEN J. MASSA, Plaintiff v. DONNA J. FOX, Administratrix of the Estate of DAVID J. TIMBERLAKE, JR., MITCHELL L. MORGAN MANAGEMENT, INC., and CAMP HILL : PLAZA PARTNERS, L.P., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO.2013-2862 NOTICE TO PLEAD TO: Donna J. Fox 400 Riverbend Drive Enola, PA 17025 You are hereby notified to plead to the enclosed New Matter Crossclaim within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy J. cMaion, Esquire I.D. No. 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 05/1230130.v1 TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 ti mcmahon(iD,mdwcg.co m Attorney for Defendant KATHLEEN J. MASSA, Plaintiff v. DONNA J. FOX, Administratrix of the Estate of DAVID J. TIMBERLAKE, JR., MITCHELL L. MORGAN MANAGEMENT, INC., and CAMP HILL : PLAZA PARTNERS, L.P., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO.2013-2862 ANSWER OF DEFENDANTS MITCHELL L. MORGAN MANAGEMENT, INC. AND CAMP HILL PLAZA PARTNERS, L.P. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM 1. Admitted in part; denied in part. It is admitted only that Plaintiff is who she says she is. The remaining allegations set forth in this paragraph are denied and proof thereof is demanded to the extent relevant. 2. Answering Defendants lack information sufficient to form a belief as to the truth of the allegations set forth in this paragraph and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 05/1230130.v1 3. Admitted in part; denied in part. It is admitted only that Defendant Mitchell L. Morgan Management, Inc. manages the apartment complex known as the Camp Hill Plaza Apartments located at 121 November Drive, Camp Hill, Cumberland County, Pennsylvania, as alleged. The remaining allegations set forth in this paragraph are denied. 4. Admitted in part; denied in part. It is admitted only that Camp Hill Plaza Partners, L.P. owns the Camp Hill Plaza Apartments located at 121 November Drive, Camp Hill, Pennsylvania, as alleged. The remaining allegations set forth in this paragraph are denied. 5. Admitted upon information and belief. 6. Admitted upon information and belief. 7. Admitted in part; denied in part. It is admitted upon information and belief that on or about May 20, 2011, David J. Timerlake, Jr. was the owner of an Akita dog that resided with Mr. Timberlake at his apartment, 3520 September Drive, Apartment 4, Camp Hill, Pennsylvania, and that Mr. Timberlake retained sole responsibility for the dog. The remaining allegations set forth in this paragraph are denied on the basis that Answering Defendants are without information sufficient to form a belief as to the truth of the factual allegations otherwise set forth in this paragraph. By way of further answer, and to the extent that the allegations set forth in this paragraph characterize the subject dog as a "dangerous dog," these allegations are denied as conclusions of law and proof thereof is demanded as against Answering Defendants, to the extent relevant. 8. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. 9. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. 05/1230130.v1 10. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required. 11. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. COUNT I — NEGLIGENCE KATHLEEN J. MASSA V. DONNA J. FOX, ADMINISTRATOR OF THE ESTATE OF DAVID J. TIMBERLAKE, JR. 12. Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. incorporate by reference their responses to paragraphs 1 through 11 above. 13. Denied. The allegations set forth in this paragraph, together with its subparts (a) through (f) are denied on the basis that these allegations are directed to a Defendant other than Answering Defendants and accordingly no further response is required. By way of further answer, these allegations constitute conclusions of law within the meaiing of Pa. R.C.P. 1029 and accordingly no further response is required as a matter of law. 14. Denied. The allegations set forth in this paragraph, together with its subparts (a) through (f) are denied on the basis that these allegations are directed to a Defendant other than Answering Defendants and accordingly no further response is required. By way of further answer, these allegations constitute conclusions of law within the meaning of Pa. R.C.P. 1029 and accordingly no further response is required as a matter of law. 05/1230130.v1 15. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required. 16. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required. WHEREFORE, Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT II — NEGLIGENCE PER SE KATHLEEN J. MASSA V. DONNA J. FOX, ADMINISTRATOR OF THE ESTATE OF DAVID J. TIMBERLAKE, JR. 17. Answering Defendants incorporate by reference their responses to paragraphs 1 through 16 above as if set forth at length here. 18. • Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required. 19. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required. 20. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required. 05/1230130.v1 21. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. WHEREFORE, Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT III — NEGLIGENCE KATHLEEN J. MASSA V. MITCHELL L. MORGAN MANAGEMENT, INC. AND CAMP HILL PLAZA PARTNERS, L.P. 22. Answering Defendants incorporate by reference their responses to paragraphs 1 through 21 above as if set forth at length herein. 23. Denied. It is denied that Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. are appropriately referred to collectively as "the Landlords." It is specifically denied that Mitchell L. Morgan Management, Inc. was the owner of the Camp Hill Plaza Apartments on May 20, 2011. It is specifically denied that Camp Hill Plaza Partners, L.P. was the manager and/or otherwise responsible for the management and/or maintenance of the Camp Hill Plaza Apartments on May 20, 2011. By way of further answer, on or about May 20, 2011, Camp Hill Plaza Partners, L.P. was the owner of the Camp Hill Plaza Apartments and Mitchell L. Morgan Management, Inc. was the manager of that apartment complex. 24. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 05/1230130.v1 25. Denied. It is specifically denied that Mitchell L. Morgan Management, Inc. and/or Camp Hill Plaza Partners, L.P. had actual and/or constructive knowledge of the presence of any dangerous dog that was owned and/or maintained by David J. Timberlake on the premises and further deny that these Defendants or either of them had any actual or constructive knowledge of the specific activities of that pet at any time prior to and including May 20, 2011. By way of further answer, the allegations set forth in this paragraph are otherwise denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 26. Denied. The allegations set forth in this paragraph constitute conclusions of law and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 27. The allegations set forth in this paragraph, together with its subparagraphs (a) through (c) are denied as conclusions of law and proof thereof is demanded to the extent relevant. 28. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. WHEREFORE, Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. 05/1230130.v1 NEW MATTER DIRECTED TO PLAINTIFF KATHLEEN J. MASSA 29. Plaintiffs Complaint fails to state a cause of action as against Mitchell L. Morgan Management, Inc. and/or Camp Hill Plaza Partners, L.P. as a matter of law. 30. Neither Mitchell L. Morgan Management, Inc. and/or Camp Hill Plaza Partners, L.P. owed a duty to Plaintiff Kathleen Massa under the material and well pleaded allegations set forth in Plaintiffs Complaint. 31. Neither Mitchell L. Morgan Management, Inc. and/or Camp Hill Plaza Partners, L.P. breached any duty of care, the same being expressly denied, owed to Kathleen Massa under the material and well pleaded factual circumstances set forth in Plaintiffs Complaint. 32. No act or omission on the part of Mitchell L. Morgan Management, Inc. and/or Camp Hill Plaza Partners, L.P. was a substantial, legal and/or factual cause of the injuries and/or damages, all such injuries and/or damages being expressly denied, asserted by Plaintiff in Plaintiffs Complaint. 33. To the extent applicable and in order to preserve the defenses pending further discovery in this matter, Plaintiffs claims may be barred and/or limited by the Doctrines of Res Judicata and/or Collateral Estoppel. 34. Plaintiffs claims may be barred and/or limited by Plaintiffs failure to have mitigated her damages, all such damages being otherwise expressly denied, as required by law. 35. Plaintiffs claims may be barred and/or limited by the comparative negligence of Kathleen Massa under the material and well pleaded circumstances described by the Plaintiff in Plaintiffs Complaint. 36. Plaintiffs injuries and/or damages resulted from acts and/or omissions on the part of persons and/or entities, including David J. Timberlake, Jr., concerning whom Defendants 05/1230130.v1 Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. had neither control nor right of control as a matter of law. 37. Defendants reserve their right to raise one or more of those defenses set forth at Pa. R.C.P. 1030. WHEREFORE, Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. demand judgment in their favor and against Plaintiff Kathleen J. Massa together with such other relief as this Court shall deem appropriate. NEW MATTER CROSSCLAIM PURSUANT TO PA. R.C.P. 1031.1 AGAINST DEFENDANT DONNA J. FOX, ADMINISTRATRIX OF THE ESTATE OF DAVID J. TIMBERLAKE, JR. 38. If Plaintiff is entitled to recover damages for the injuries alleged by her in her Complaint, all such injuries, damages and rights of recovery being otherwise expressly denied, such recovery may be solely or partially as a result of acts and/or omissions on the part of David J. Timberlake, Jr. on the basis of the material and well pleaded factual allegations set forth in Plaintiffs Complaint as against Defendant Donna J. Fox, Administratrix of the Estate of David J. Timberlake, Jr., which allegations are incorporated herein by reference and expressly without adoption and expressly and solely for the purpose of the assertion of a Crossclaim pursuant to P. R.C.P. 1031.1 by Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. and accordingly Defendant Donna J. Fox, Administratrix of the Estate of David J. Timberlake, Jr. may alone be liable to Plaintiff, or jointly and/or severally liable with Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. or liable over to Mitchell L. Morgan Management, Inc. and/or Camp Hill Plaza Partners, L.P. for contribution and indemnity and claims therefore are hereby pleaded. 05/1230130.v1 WHEREFORE, Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. demand judgment in their favor and against Defendant Donna J. Fox, Administratrix of the Estate of David J. Timberlake, Jr., together with such other relief as this Court shall deem appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy' J. l\Mahon, Esquire I.D. No. 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 Dated: 7/2/2014 05/1230130.v] , VERIFICATION I hereby affirm that the following facts are correct: Mitchell L. Morgan Management, Inc. is a Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer with New Matter is based upon information which has been gathered by my Counsel in the defense of this lawsuit. The language of the Answer with New Matter is that of Counsel and not of me. I have read the Answer with New Matter and to the extent that the contents of the Answer with New Matter are that of counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the objections and answers are that of Counsel, I have relied upon Counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid objections and answers are made subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities. MITCHELL L. MORGAN MANAGEMENT, INC. BY: 05/1230130.v1 Name: COP-ea/hut- Title: MEA VP CERTIFICATE OF SERVICE I, Jane W. Burrage, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 2nd day of July, 2014, I served a copy of the foregoing Answer, via First Class United States mail, postage prepaid as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff Donna J. Fox 400 Riverbend Drive Enola, PA 17025 Defendant pro se 05/1230130.v1 THE PRO THONGGTA 2014 JUL I I PH 1: 04 CUMBERLAND COUNTY PENNSYLVANIA KATHLEEN J. MASSA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMI3ERLAND COUNTY, PENNSYLVANIA v. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION — LAW ..-MORGAN PROPERTIES TRUST, : Individually and d/b/a CAMP HILL PLAZA: APARTMENTS and CAMP HILL : NO. 2013-2862 ASSOCIATES, LLC, d/b/a CAMP HILL PLAZA PARTNERS, L.P., d/b/a CAMP : HILL PLAZA APARTMENTS, Defendants STIPULATION TO AMEND CAPTION AND COMPLAINT 1. The parties hereby stipulate that the caption in this matter is hereby amended to the following: KATHLEEN I MASSA, : IN TIIE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION — LAW MITCHEL.I.. L. MORGAN MANAGEMENT: INC., and CAMP HILL PLAZA PARTNERS, L.P., : NO. 2013-2862 Defendants 2. Plaintiffs Complaint is hereby amended through this Stipulation such that all references in the Complaint to Defendant Morgan Properties Trust, Individually and d/b/a Camp Hill Plaza Apartments refer to "Mitchell L. Morgan Management, Inc." and all references in the 05/1229750.111 `s Complaint to Defendant Camp Hill Associates, LLC, d/b/a Camp Hill Plaza Partners, L.P., d/b/a Camp 1-Iill Plaza Apartments refer to "Camp I-Iill Plaza Partners, ILP." 3. The parties request that this Stipulation be approved by the Court through the proposed Order attached hereto as Exhibit "A". HANDL r 2, HEN ROSENBERG, LLP Q5n229750.v I W. Scott Henning, Esquire 1300 Linglestown Road I-Iarrisburg, PA 17110 Attorney for Plaintiff MARSHALL, DENNEHEY, WARNER, COLEMN & GOGGIN I Ti othy . 4 a -ion PA Attorne #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Attorney for Defendant Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. 41, Donna J. Fox, Ago inistror of the Estate of David J. Timberlake, Jr. W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LIP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com t0 rt PRoTh,` hO` 4JULII PM TAT'? n/Lv 1();ACI. Attorney for Plaintiffs) A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. MASSA 600 Red Lion Road Apartment V6 Philadelphia, PA 19115, Plaintiff(s) v. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR. 400 Riverbend Drive Enola, PA 17025, Defendant(s) 2013-2862 Civil Action - Law ACCEPTANCE OF SERVICE I, Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr., being properly authorized to do so, hereby accept service of a true and correct copy of Plaintiff's Complaint that has been filed as above captioned. Date: By KATHLEEN J. MASSA, Plaintiff v. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION—LAW MORGAN PROPERTIES TRUST, Individually and d/b/a CAMP HILL PLAZA: APARTMENTS and CAMP HILL : NO. 2013-2862 ASSOCIATES, LLC, d/b/a CAMP HILL PLAZA PARTNERS, L.P., d/b/a CAMP HILL PLAZA APARTMENTS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ORDER • AND NOW, this I ( day of o ll , 2014, upon consideration of the parties' Stipulation to Amend the Caption and Complaint, the caption and Complaint are hereby amended as described in the Stipulation. The caption in this matter shall hereafter be as follows: KATHLEEN J. MASSA, Plaintiff v. DONNA J. FOX, Administrator of the Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION—LAW MITCHELL L. MORGAN MANAGEMENT: INC., and CAMP HILL PLAZA PARTNERS, L.P., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ft L L pic.rn4,„.) A-I4i w .-/soN,' -604.),0u.')4( 7/110 05/ 1229750 1 : NO.2013-2862 BY THE COURT, , J. ti MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA, 17011 (717) 651-3505; FAX (717) 651-3707 Email: tjmcmahon@mdwcg.com Attorney for Defendant KATHLEEN J. MASSA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. DONNA J. FOX, Administrator of the : Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION — LAW MITCHELL L. MORGAN MANAGEMENT: INC., and CAMP HILL PLAZA PARTNERS, L.P., Defendants : NO.2013-2862 MOTION TO COMPEL DISCOVERY 1. Plaintiff Kathleen Massa filed a Complaint in this matter on April 21, 2014, alleging personal injuries sustained as a result of a dog bite incident alleged to have occurred on or about May 20, 2011, while on a public sidewalk within the Camp Hill Plaza Apartments. 2. Defendants, through their counsel, submitted a Stipulation to Amend the Caption and Complaint to correctly identify Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. as the property manager/property owner Defendants, respectively. That Stipulation to Amend the Caption was executed by the parties and approved by the Court in its Order of July 16, 2014. 3. On June 27, 2014, Defendants sent Interrogatories and a Request for Production of Documents addressed to Plaintiff Kathleen Massa. A true and correct copy of correspondence enclosing those written discovery items addressed to Plaintiff in care of her counsel is attached hereto as Exhibit "A". 4. Likewise, on June 27, 2014, counsel for Defendants Camp Hill Plaza Partners, L.P. and Mitchell L. Morgan Management directed written discovery to the representative Defendant, Donna J. Fox, Administrator of the Estate of David J. Timberlake. A true and correct copy of the correspondence directing Interrogatories to Defendant Donna J. Fox, as Administrator of the Estate of David J. Timberlake, Jr., is attached hereto as Exhibit "B". 5. No counsel has entered an Appearance on behalf of Defendant Donna J. Fox as Administrator of the Estate of David J. Timberlake, Jr. However, the Interrogatories addressed to Defendant Fox in her representative capacity were sent certified mail, return receipt requested, and service of that written discovery has been confirmed by the return of the receipt signed by Donna Fox on June 28, 2014. 6. Despite reminders that the above described written discovery has remained unanswered and outstanding, no responses to the written discovery directed to either Plaintiff Kathleen Massa and/or to Defendant Donna J. Fox has been forthcoming from either. 7. Defendants' ability to defend this action has been prejudiced by the absence of responses to the Interrogatories directed to Defendant Donna J. Fox and by the absence of responses of Plaintiff Kathleen Massa to the Interrogatories and Request for Production of Documents directed to Plaintiff 8. Accordingly, Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. respectfully request that this Court enter an Order directing that Plaintiff 05/1304275.vI answer the Interrogatories and Request for Production of Documents served by Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. and further directing that Defendant Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr., answer Interrogatories within thirty (30) days. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy J. cMahon PA Attorney ID #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Attorney, for Defendant Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. Dated: /0-a9_ � y 05/1229750.v1 EXHIBIT "A" MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN ATTORNEYS -AT -LAW WWW.MARSHALL DEN NEHEY.COM A PROFESSIONAL CORPORATION 100 Corporate Center Drive, Suite 201 • Camp Hill, PA 17011 (717) 651-3500 • Fax (717) 651-3707 Direct Dial: 717-651-3505 Email: tjmcmahon@mdwcg.com June 27, 2014 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 PENNSYLVANIA Bethlehem Doylestown Erie Harrisburg King of Prussia Philadelphia Pittsburgh Scranton' NEW JERSEY Cherry Hill Roseland DELAWARE Wilmington OHIO Cleveland FLORIDA' Ft. Lauderdale Jacksonville Orlando Tampa NEW YORK Long Island New York City RE: Kathleen J. Massa v. Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr., Morgan Properties Trust, Individually and d/b/a Camp Hill Plaza Apartments and Camp Hill Associates d/b/a Camp Hill Plaza Partners, LP d/b/a Camp Hill Plaza Apartments Date of Loss: May 20, 2011 Cumberland County Court of Common Pleas No. 2013-2862 Claim No. 186385622 MD W C G File No. 11001.00397 Dear Attorney Henning: Enclosed please find Interrogatories and Request for Production of Documents and Things addressed to Plaintiff, Ms. Massa, in the above -referenced matter. I look forward to receiving verified responses to this written discovery within 30 days as required by the applicable Pennsylvania Rules of Civil Procedure. TJM/tkc Enclosures cc: Donna Fox, pro se (w/ enc) 05/1238226.v1 Sincerely, thy J. McMahon EXHIBIT "B" • MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN ATTORNEYS -AT -LAW WWW.MARSHALLO ENNEHEY.COM A PROFESSIONAL CORPORATION 100 Corporate Center Drive, Suite 201 • Camp Hill, PA 17011 (717) 651-3500 • Fax (717) 651-3707 Direct Dial: 717-651-3505 Email: tjmcmahon@mdwcg.com June 27, 2014 Via Certified Mail - Return Receipt Requested Donna J. Fox 400 Riverbend Drive Enola, PA 17025 PENNSYLVANIA Bethlehem Doylestown Erie Harrisburg King of Prussia Philadelphia Pittsburgh Scranton NEW JERSEY Cherry Hill Roseland DELAWARE Wilmington OHIO Cleveland FLORIDA' Ft. Lauderdale Jacksonville Orlando Tampa NEW YORK Long Island New York City Re: Kathleen J. Massa v. Donna J. Fox, Administrator of the Estate of David J. Timberlake, Jr., Morgan Properties Trust, Individually and d/b/a Camp Hill Plaza Apartments and Camp Hill Associates d/b/a Camp Hill Plaza Partners, LP d/b/a Camp Hill Plaza Apartments Date of Loss: May 20, 2011 Cumberland County Court of Common Pleas No. 2013-2862 Claim No. 186385622 MDWCG File No. 11001.00397 Dear Ms. Fox: The undersigned represents Defendants Camp Hill Plaza Partners, LP and Mitchell L. Morgan Management in the lawsuit referenced above. Enclosed please find Interrogatories directed to you as a Defendant in this case albeit in your representative capacity as the Administratrix of the Estate of David J. Timberlake, Jr. Please note that the Pennsylvania Rules of Civil Procedure require verified responses to this written discovery within thirty (30) days. Thank you for your attention. TJM/cwb Enclosure cc: W. Scott Henning, Esquire (w/enc) 05/1240099.vl Timothy J. McMahon CERTIFICATE OF SERVICE I, Barbara E. Steel, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this A9 day of October, 2014, I served a copy of the foregoing Motion to Compel, via First Class United States mail, postage prepaid as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff Donna J. Fox 400 Riverbend Drive Enola, PA 17025 Defendant pro se Barbara E. Steel 05/1304275.v1 THE PROTHONOTARY 7011i NOV -4 i'ti II: 57 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID #52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA, 17011 (717) 651-3505; FAX (717) 651-3707 Email: tjmcmahon@mdwcg.com Attorney for Defendant KATHLEEN J. MASSA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. DONNA J. FOX, Administrator of the : Estate of DAVID J. TIMBERLAKE, JR., : CIVIL ACTION — LAW MITCHELL L. MORGAN MANAGEMENT: INC., and CAMP HILL PLAZA PARTNERS, L.P., : Defendants : NO.2013-2862 ORDER AND NOW, this day of November, 2014, upon consideration of the Motion filed by Defendants Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. to compel Defendant Donna J. Fox to answer Interrogatories and to compel Plaintiff Kathleen Massa to answer Interrogatories and to compel Plaintiff Kathleen Massa to answer Interrogatories and Request for Production of Documents, it is hereby ORDERED and DECREED that Plaintiff Kathleen Massa shall provide full, complete and verified responses to 05/1304275.v1 se the Interrogatories and Request for Production of Documents served by Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. within thirty (30) days; It is hereby further ORDERED and DECREED that Donna J. Fox, as Administrator of the Estate of David J. Timberlake shall answer the Interrogatories served by Mitchell L. Morgan Management, Inc. and Camp Hill Plaza Partners, L.P. within thirty (30) days. BY THE COURT, , J. C6rs'es pma_ /34.4„ 02cpzilL,A, A4.+4 (Al 1044 Nati,ky 1.41'4 05/1304275.v1