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Home My WebLink About04-6083 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: OI./-I~oP3 e~'LtT~ Civil Action - Law v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEW ART, Defendants PRAECIPE FOR WRIT OF SUMMONS TO: The Prothonotary of the Cumberland County Court of Common Pleas. Please issue writ of summons in the above-captioned civil action. Date: /J/ r&f ABOM~ KUT ~ ~/ "' John A. Abo , Esquire Attorney I. . No. 77961 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ~~ ~ ~ ~ "'CZ ~ ~ ~ ~ Vf () V ~ ~ ~ C) ~:: ,:^" -,' ' \';) (,) <..n ... - .....,) c":".:, <.:~) ..&;- c::J ''''''1 c-; f <....) o -q :::;:1 tTii2~1;) -.,"Jr'" : 'j ,,_!:J :._' 'I ~"";~l :-=-:.' ....', ~ i:~f~,i :::.:;! :.t1 -<( ::!? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: n4- I..,.~,-~ a~~L'j-8L"1 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY : MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and T ANGI STEWART, Defendants WRIT OF SUMMONS TO: Middlesex Township, 350 North Middlesex Road, Carlisle, PA 17013. Country Manor West, 2 Apple Alley, Carlisle, P A 17013. GSP Management Co., 2846 Maine St Box 12A, Morgantown, PA 19543. York Community Management, 2846 Main Street Box 12A, Morgantown, PA 19543. Country Manor, 3960 W. Chester Pike, Newton Square, PA 19073. Country Manor, 2151 E. Lincoln Hwy, Middletown Township, PA. Country Manor, Silver Spring Township, PA, 17013. Thaiwin E. Reid, (SQFQ0304) SCI Graterford, PO BOX 546, RT . 29, Graterford, PA 19426. Tangi Stewart, 86 Cherry Lane, Carlisle, P A 17013. Frank T. Perano, 2 Apple Alley, Carlisle, PA 17013. You are notified that Jennifer Smith, the plaintiff, has commenced an action against you. Date: U~ r _ :]1 dDd-( By: C4/l~ K - ~ Dtvulj Prothonotary ~ ~'2_7J;7~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA _~o?3 (J.;c..>~ L ~~ NO. 2004-b'/161geL - - L JENNIFER SMITH Plaintiff MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO, a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK. T. PERANO; THAIWIN REID; and TANGI STEWART CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire:, and Hartman, Osborne & Rettig, P.C. on behalf of the Defendant, Frank T. Perano in regard to the above-captioned action. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. Cb:/~ ~6-teffrey B. Rettig, quire Supreme Ct. J.D. #19616 126-128 Walnut Street Harrisburg, P A 1710 1 (717) 232-3046 Attorneys for Defendant Frank T. Perano CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day 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, first-class postage prepaid, as follows: Middlesex Township 350 North Middlesex Road Carlisle, P A 17013 Thaiwin Reid (SQFQ0304) SCI Gratorford P.O. Box 546 Route 29 Graterford, PA 19426 Tangi Stewart 86 Cherry Lane Carlisle, P A 17013 HARTMAN, OSBORNE & RETTIG, P.C. I :r8'X1 Jeffiey B. ~ire Supreme Ct. I.D. #19616 126-128 Walnut Street Hamsburg, PA 17101 (Tl7) 232-3046 Date: 1103 Attorneys for Defendant, Fank T. Perano t~~1 I~ /-:. ::;:.-.'. ~::; 1.-_.. ~.::': c' S-j:: ~3 -", (J f~: 1'-3 = = CJl '- ~:: ....- I en o --n .--1 -1:..,.., rn F'" :gf? (~6 ::: :;", ()?'-'. ;--i'T'l :'=!, -r:; r::> (.."' -''- ~~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 2004-06083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; THAIWIN REID; and TANGI STEWART, Defendants AFFIDAVIT OF SERVICE I, John A. Abom, Esquire, hereby certify that I served a true and correct copy of the Writ of Summons pursuant to the Pennsylvania Rules of Civil Procedure, upon the following Defendants, receipt of which is acknowledged on the attached receipt cards. Served December 14, 2004 Frank T. Perano, Agent GSP Management Company 2846 Main Street Box l2A Morgantown, P A 19543 Served December 14, 2004 Frank T. Perano, CEO of ATG Properties LLC (owner of York Community Management) 2846 Main Street Box l2A Morgantown, PA 19543 Served December 15, 2004 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, P A 19426 Served December 15, 2004 Paul M. Pugliese, President W.P. Equities, Inc. Country Manor Owner 575 Pierce Street, Suite 500 Kingston, PA 18704 Served December 21,2004 Country Manor West (via Kathy Treble) 2 Apple Alley Carlisle, PAl 70 13 Served December 21, 2004 Frank T. Perano 2 Apple Alley Carlisle, P A 17013 Served December 22, 2004 Agent, Country Manor, Ltd. 2151 E. Lincoln Highway Middletown Twp., PA Served December 20, 2004 Charles J. Taylor Taylor Enterprises, Inc. Country Manor 5015 E. Trindle Road Camp Hill, P A 17050 Respectfully submitted, ABOM & KUTULAKIS Date: .~ John A. Abo ,Esquire Attorney 1. . No: 86914 36 South Hanover Street Carlisle, P A 17013 Attorney for PlainttfJ - ""h.."". 3d013^N3::10 dOJ.iV l::l3}lOUS 3:)\f'l,l . Complete nems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpl""e, or on the front if space penn Its. 1. Article Addressed to: C\ruvL€-r. r. lR~\ar -ro..~\or tr\--terpn.<;t..c" .:rnC. c:.fu.r\tR1 M.ClJ\Q( SD I C; ~ "'Tl'i f\.d.l ~ f.Op-d Qunp ~ \ II ~ IIO':=,O 2. Artlcle 7003 3110 0004 57b9 8082 102595-02*M-154C PS Form 3. Service Type )I!:l::CertmedMail CJ Reglsterod " , CJ Express Mail )fFRetum Receipt for MerchandIse o C.O.D. 4. Restricted Delivery? (Extra m.w( CiomestlcRetu.m _E:leceipt J.HDII:I:lH.l .l3d013^N3::10 dOl. J..'r/ l::I3)10US 30Y1d . Complete items 1, 2, and 3. Also compllrte item 4 if Restricted Delivery is desired. . Print your name and address on the revorse so that we can return the card to you.. . . Attach this card to the back of the mailpiece, or' > n the front if space permits. ~Addressedto: . \ ~)"'" , ~<.N\ ~( .,.. I \ c.cuntn..1l'Y\oJx)y) Ut: . 21~\ ~ UV\CO\V\ Vrw'l' N\;culL~-toW{\I\0f, ffi 1. 2. ArtIcle Number (1/arImr from service Isbel) PS Form 3811, February 2004 D. Is delivery address different from item 1? If YES, enter detivery address below: 3. ServlceType ~.rtlfi<ld MeJi CJ Exproee MBlI D Registered. litBetum Receipt for MerchandisE o Insured MBlI 'b C.O.D. 4. Restricted Delivery? (Extra Fee) es 7003 3110 0004 57b9 8020 102595-02-M-154 DI)mestlc Return ReceIpt . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the n~verse so that we can return the card to you. . Attach this card to the back of the ma.ilplece, or on the front jf space penn its. 1. Article Addressed to: OAddleSS< Deliva 12..- 2-1-01 D. Is delivery address different from Itam 17 CJ Yes If YES. enter delivery address below: 'lit No CoI.-LntY\..{ VYLAAOV', \A.Je,( t Z '^Pp'fe- A-\\ej CaYL\~'.e I pA nO\.3 3. Service Type )5::certlfled Mall o Express Mall o Registered ~etum Receipt for Merchandl~ o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extm Fee) as / , 2. Article Number (Transfer from servfce lab. PS Form 3811 , February 2004 7003 3110 0004 5769 8099 Domestic Return Receipt 102595-02-M-154 ~H91 3HJ. O~ 3d013^N3 ~o dO~ 1'rll:l3)1:}US 3:}'fid . Complete items 1, 2, and. 3. f-Jso complElte Item 4 if Restricted Delivery Is desired. . Print your name and address an the reVElfSe so that we can retum the card to you. . Allach this card to the back of the mailplece, or on the front if space penn its. -..;.:;. 1. Article Addressed to: FVt\f\k T PevQJ\O '2 ~\CNl\:.){/ , c..o-VLi So \ e I fP.c v-, () \ ~) r---... 2. Article Number """,' (Iillrisfar from servfce fab8I) PS Form 3811, February 2004 a'ice l\!pe Certlfled Mall 0 lOSS Mall Registered ~~m Receipt for MerchandIse Insured Mall ~~~D. 4. Restricted Delivery? (Ext", Fee) es 7003 3110 0004 5769 8006 Oo',mest\c Return. Receipt 102S95-02-M-154 . Complete items 1, 2, and 3. Also complete nem 4 if Restricted Delivery Is desir6d. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece. or on the front If space permits. 1. Article Addressed to: tlu.d "!:. ~~(.'~Qt..l(es;d:r1 V" . r. ~\..'6~s II.-V\l~. Cou.niY\...{ M.Ox\O(' {)I-Yler SIt? p'!erc.e S-trCe:-t SL.-t- L\"e. Sa:::J.. \(}0f\StD0\ M \(2)10+ 2. Article Nui-nber (rrailsferfrom servIce label) 7003 3110 0004 5769 8075 PS Form 3811, February 2004 Domestic Retum _alpt " 3~ ServIce Type j::fsertlfled Mail D Express Mall D Registered .,)!OIetum Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) os 1025~2.M-1541 J.H~Il:l .1 O.l3d013^N3.:10 dOL1Yl:l3>l:;tUS 30V1d . Complete items 1. 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to; D. Is dellvery'address different from Item 17 CJ Yes If YES. enter delivery address belOW: [J No FranK T. f1:,rOJ\o I ~n &SP ~-t cor1f'M'i 2CC4-6 M.a...LV"\ street 1) o'i. \ 2...f... MbYB~\Pi'\ I 9.A \C\(3{..~ 3. _Type 'm:cen_ Mall 0 expresS Mall b Registered ~etum Receipt for Merchandise o Insured Mall 0 C.O.D. 4: RestrIcted 06llvery? (Extra Fee) as ,2. Article Number (rransferfrom service -V PS Form 3811, February 2004 7003 3110 0004 5769 8037 Domestic Return Receipt 102595-02-M-1541 J.H~U:f3'H.l .i . ., . Complete ftems 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . . Attach this card to the back of the mailplece. or on the front if space permits. 1. Article Addressed to: rrGl.(\~\.-=lei({,\....\\C) ICED Ai6 VVq:JefbeS ~ '/OIflL C.OY'l\\'X\tX\ i t\J 1\A.9VY'f't ~'+6 1\J\.a..L.v-. 5tr-ee+ 'DoLI MOV3tlV\town \ PA Ictstt.3 , 2. ArtIcle Number (rransfer from service label) PS Form 3811. Februarv 2004 CJ Agent CJ Addlesse C. Dote r'tltm D. Is defivery address dtfferent from item 17 0 Yes If YES, enter delivery address below: 0 No '0 3. Service Type '!itCertl1led MoIi CJ exp.... Mell tJ Registered ll'tfletum Reoelpt for Melehandl.. CJ In.ured Mell CJ C.O.D. 01- R_cted DellveO/l (Exfm Fee) es 7003 3110 0004 5769 8051 Domestic Return Receipt 102595-Q2-M-1541 ------ ---------------------- 3Nl1 03ll00J.V 010:l SS31:lOClV N!:ln.13!:l3H.l::lO .lH~U:l 3H.l 01 "dO'':MN:3:l0 dO./..LV !:l3)lOUS 30Y1d . Complete items 1, 2, and 3. Also complete item 4if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to YOu" . Attech this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: -~ Edward Dennis, Unit Manager SCI Graterford P. O. Box 546, RT 29 Graterford, P A 19426 &'vr:ttirfdt'li I fA I CllQb 2. ArtIcle NiJh1~er. (Transferlrom seMca label) f'S Form 3811. Februarv 2004 CJ Agent o Addressee ~ 09De1. iVer)I 'J ('I.- D. Is cIellva<y _ different from ftern 17 Yes If YES. enter deUl/ery address belOW: 0 No s.'. Received by (Printed Name) 3. Service "type )l!i Certified Moll CJ Ex"""", Moll CJ Registered l!CReturn Receipt Iof MerchaildJse CJ Insured Man CJ C.O.D. 4. Restricted DeIlVelY? (Exfm Fee) e. 7003 3110 0004 5769 7993 1025gs}02-M-154t Domestlo Return .Receipt ( 1~1 ,-..\ ,:"":1 ,;,)'" i._OJ .:, ~ -;) <-- ",',~ ......<' ",.'~- -- -- ..<" -- \":: '"' ,.( C' - ------ IN THE COURT OF COMMON I'LEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants REISSUED PRAECIPE FOR WRIT OF SUMMONS TO: The Prothonotary of the Cumberland County Court of Common Pleas. Please reissue the writ of summons in the above-captioned civil action. ABOM & KUTULAKIS, L.L.P. Date: tf3/o6 I I ( m, Esqu' e Attomey I . No. 77961 36 South anover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ------------ (') ~ .--\ (.'~" IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 Civil Term v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAlWIN REID; and TANGI STEWART, Defendants AFFIDAVIT OF SERVICE I, David K. Rudy, hereby certify that I did personally serve a true and correct copy of the Reissued Praecipe for Writ of Summons and the Reissued Writ of Summons in the above-captioned case upon Tanji Stewart, of 543 Wert Street, Millershurg, PA, on the '" .-r'-~ 0.. .liS day of January, 2005, at 510 r !v!.. Respectfully submitted, ,-. / I' ...::/ /Oj~~ tJavid K. R dY . 506 Benyou Lane New Cumberland, PA 17070 (717) 932-8862 "'~J f......"1 c:~;....) \.:::::< (:,1\ ,,- (<, C,,) ~" IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 2004-06083 v. Civil Action .. Law MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; THAIWIN REID; and TANGI STEWART, Defendants AFFIDAVIT OF SERVICE I, John A. Abom, Esquire, hereby certify that I served a true and correct copy of the Writ of Summons pursuant to the Pennsylvania Rules of Civil Procedure, upon the following Defendant, receipt of which is acknowledged on the attached receipt cards. As of the date of this Affidavit of Service, each of the Defendants has been served. Served January 25, 2005 via certified mail Keith O. Brenneman, Esquire (Accepted Service on behalf of Middlsex Township pursuant to the Acceptance of Service affixed hereto) Snelbaker & Brenneman 44 West Main Street Mechanicsburg, P A 17055 Respectfully submitted, ABOM & KUTULAKIS Date: I / rrlo<;, { { C\- , Esquire ' Attorney 1. . No: 86914 36 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff " to en ,. ;j1 ~a: 3 ~ ~ '" ~ if ()) a- 3 ~ 3 if ~ ~ ' )> ~ .E Ii ~ ~ ~ ~ ~ ':1 o o 3 !! o. JJ !'. ~ 3 JJ ~ m -S ,; N ~ ~ is ;i: g ~ ~ ~..c~7'; ~-:~~i :5(DPOm Q-!(! ~ ~ ~ J? ~9 ~-'O~. 9 ~ oD~ 6 .~ $ ~ ~ :> '" ..~ ~ ~G~f ~. ffi ~ ~ lil ~ ~!~~ o ;:: il. ;:: m m.~. OJ <" - = . -< :;. D~D ~ "'. W III 0.-+"0 d;1 b 3 ~ .. ~ ~ JJ;:: ~ . CD = -s g ~ ;:: . ~ . " '" O. m " . . O)>CIl"Uj;a ......=0:::::i'303 Otl)~~ ::::J 0 s:l) '< .J:>.'2. _-:s_o --CD ffi:f~~;;- =r (ii' (1) ::J CD ;+ oooQ)~fJ) ::J Dl g: 3 :1.3 :::a.......CDU~ ;o~~~~ "'C_......a.Ow ~:T:JQ)(tlQ) CDCD-a.=:::J cr:::r a. < a. "'CQ)CD...CD CDoom~~ 3'" III en en")> ::+aa.oa.oo !J':rS";:mo (]) '< :::r =0" 8 3 g" ~3 e.' ~. "2- -c (D $a. ill" UJ CD o .. -. :::;;1ij ~ f[. CIJ <:" ~~ ~~.o~ li" ~ ..\0- J =: g: ., ::l ~ "'r ~ ~ ~ It tf a. ......3 il g <!. ~ 3 h .0 DO ~~ . 0 I'I~ DO tnQ,~~ Q ~ fa ~ "'J * C) w c z ::; m o en ;;! '-i m en -0 o en ;;! ~ en m :0 < 15 m == - ~ ~ ~&1 . en CD :J a. if &13 3" CD " -0 ~ 'b 0 "' CD v i :P '0 4-' :J. 3- -Ij ""5 ;JC 1) 'Ci " Dj::lll , :J III 3 -Jg~~ SO III a. OO~ a. Ql ()j ~ ~. "' -"' III :J a. .... N E==J ff~ '0 CD + <-lMJ .... ~ '? . )> (Q) '-0 - . :z ::T . iii' . 1MJ . l\:) . 0' , C=:I ~ . -...l . . ~ . , "-' , = . = , U'1 ..c:::L . . , -'C.., , - - r. 1 - , "'DC~:!J ~ Cl>CI) Ul 31]-;" -.C/)~ () i CD ar ~ Qo~ G),. "s: - me!. o ~- " ~ a: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 Civil Term v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants ACCEPTANCE OF SERVICE ] accept service of the Writ of Summons on behalf of Middlesex Township and certify that] am authorized to do so. January 26, 2005 Date Ilft~ - Keith O. Brenneman, Esquire Counsel for Middlesex Township i i2~Nl 2 ~:~M BY: ______n____________ (-) <. -.--' \..CI -" -::::'J <;":-'.. <.,.1 ~;:: . "-'~ "":.~" (,,) (",J JENNIFER SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO, a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and T ANGl STEWART Defendants NO. 2004-6083-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursu~mt to Pa.R.C.P. 1037(a). HARTMAN, OSBORNE & RETTIG, P.C. ,,/ <'&,y B Ro'. <tire ( / Counsel for Defendant '1 /1 - DATE: ,_ ['O.J NOW, j:;,,~ ,,~ RULE TO FILE COMPLAINT , 2001 RULE ISSUED AS ABOVE By:-____ CERTIFICATE OF SERVJrCE I, Jeffrey B. Rettig, Esquire, hereby certifY that 1 am this day 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, first-class postage prepaid, as follows: John Abom, Esquire 36 South Hanover St. Carlisle, P A 17013 (Plaintiff's Attorney) Thaiwin Reid (SQFQ0304) SCI Gratorford P.O. Box 546 Route 29 Graterford, PA 19426 Middlesex Township 350 North Middlesex Road Carlisle, PA 17013 Tangi Stewart 86 Cherry Lane Carlisle, PAl 70 13 HARTMAN, OSBORNE & RETTIG, P.C. l /LJ G5 ~ Jetli'ey B. Retti, squire Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg,PA 17101 (717) 232-3046 Attorneys for Defendant Frank T. Perano ,. l....~... () '1"1 -" "..,.-' , C:'! I (..) (;0 ,,~ .1:-- - o Robert G. Hanna, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) ID# 17890 rhanna@lavervlaw.com Counsel for Defendant, Middlesex Township JENNIFER SMITH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REHAB; and TANGI STEWART, Defendants NO. 04-6083 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Robert G. Hanna, Jr., Esquire, as counsel for the Defendant, Middlesex Township, in the above referenced matter. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. DATE: February 3, 2005 2.. BY:l. ' Robert G. Hanna, Jr., E quire 225 Market Street>~uite 304 P.O. Box 1245 Harrisburg, PA 17108- 5 (717) 233.6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA 17890 rhanna@laverylaw.com Attys for Defendant, Middlesex Township 2 CERTIFICATE OF SERVICE I, Blanche A. Morrison, an employee with the law "firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 3rd day of February, 2004, I served a true and correct copy of the foregoing ENTRY OF APPEARANCE via U.S. First Class mail, postage prepaid, addressed as follows: John A. Abom, Esquire Abom & Katulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Thaiwin Reid (SQFQ0304) SCI-Graterford P.O. Box :546 Route 29 Graterford, PA 19426 Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant, Frank T. Perano Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 3 , , ~l r1l ,,"I (:.;. ~., (;';' 0" IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED 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 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 for 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. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas sigiuentes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDIA TEMENTE. SI NO TIENE ABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 2 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, this 23'd day of February 2005, comes the Plaintiff, Jennifer Smith by and through her attorney, John A. Abom, Esquire of ABOM & KUTULAKIS, L.L.P., and files this Complaint against the Defendants as follows: 1. Plaintiff Jennifer Smith is an adult individual residing at 28 North 36th Street, Harrisburg, Pennsylvania. 2. Defendant Middlesex Township is a municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 350 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. At the time of this incident, Sergeant Kingsborough was a police officer for the Middlesex Police Department of Middlesex Township in Cumberland County, Pennsylvania. 3 4. Defendant Middlesex Township is liable for the actions and/or inactions of Sergeant Kingsborough under the doctrine of respondeat superior. 5. Country Manor West is a trailer park located at 2 Apple Alley, Carlisle, PA 17013. 6. Country Manor is located at 2151 E. Lincoln Hwy, Middletown Township, PA. 7. GSP Management Co. manages the property and business of Country Manor West and is located at 2846 Maine St. Box 12A, Morgantown, P A 19543. 8. York Community Management manages the property and business of Country Manor West and is located at 2846 Main Street Box 12A, Morgantown, PA 19543. 9. Frank T. Perano is the owner of GSP Management Co. which is located at 2846 Maine Ste. Box 12A, Morgantown, PA 19543. 10. Frank T. Perano is the owner of York Community Management, which is located at 2846 Main Street Box 12A, Morgantown, PA 19543. 11. Frank T. Perano is the owner of the land at Apple Alley and Cherry Lane in Carlisle, P A, 17013 which is where Country Manor West is located. 12. Thaiwin E. Reid is an adult inmate (SQFQ0304) residing at SCI Graterford, P.O. Box 546, RT 29, Graterford, P A 19426. 13. Thaiwin E. Reid is serving his time at Graterford in connection with the trespass and attack that are the subject of this suit. 14. Tangi Stewart is an adult individual residing at 86 Cherry Lane, Carlisle, P A 17013. 15. On or about November 10,2002, an unknown individual broke into the Plaintiff's house. 4 16. On November 10,2002, the Plaintiff was residing at 80 Cherry Lane in Middlesex Township. 17. The unknown individual who had broke into Plaintiff's house on or about November 10, 2002, was Defendant Thaiwin Reid. 18. During the November 10, 2002 break in, the Plaintiff was confronted by Defendant Reid. 19. After confronting the Plaintiff, Defendant Reid eventually left without physically harming the Plaintiff. 20. As a result of the break-in, the Plaintiff was concerned for both her and her son's safety. 21. At the time of the first break-in (November 10,2002), the Plaintiff did not know that the individual that broke into her home was Defendant Reid. 22. Plaintiff contacted Defendant Middlesex Police Department and reported the break in. 23. Plaintiff provided to Defendant Middlesex Police Department and Sergeant Kingsborough a description of Defendant Reid. 24. Defendant Middlesex Police Department and Sergeant Kingsborough assured the Plaintiff she was safe. 25. Defendant Middlesex Police Department and Sergeant Kingsborough assured the Plaintiff not to worry about her safety. 26. Defendant Middlesex Police Department and Sergeant Kingsborough operating in the course and scope of a Middlesex Police Department police officer, assured the Plaintiff that they would find out who broke into her home. 5 27. Defendant Middlesex Police Department and Sergeant Kingsborough informed the Plaintiff that they would contact the Park Manager at Country Manor West. 28. Plaintiff also reported the break-in to the Park Manager at Country Manor West. 29. Plaintiff also provided a description of Defendant Reid to the Park Manager at Country Manor West. 30. After listening to the description, the Park Manager at Country Manor West indicated that she knew who the unknown man was and where he was staying. 31. Both Defendants Middlesex Police Department and Country Manor West consistently assured Plaintiff that she would be safe. 32. In reliance on their assurances, Plaintiff continued to reside at the same residence. 33. On or about December 6,2002, Defendant Reid broke into Plaintiffs house and attacked her. 34. Defendant Reid stabbed and beat Plaintiff multiple times. 35. Defendant Reid sliced the Plaintiff's neck, strangled her and left her to die in a pool of her own blood. 36. During her attack, the Plaintiff was unable to physically leave her house. 37. During the attack, the Plaintiffs son, who was three years old, was sleeping in a nearby bedroom. 38. The Plaintiff escaped to a nearby house at which time she collapsed. 39. In the "Rules, Regulations and Agreements" signed by the Plaintiff and Defendants Country Manor West and GSP Management provision 4 under "Registration 6 and Rent," notes, "[o]nly those who are registered at the Office are permitted to live in the home. Any persons not registered at the time of purchase constitute an additional $20.00 per person per month lot rental. Guests living in the home over IS days constitute the extra charge." The Rules, Regulations and Agreements (hereinafter "Agreement") is attached hereto as "Exhibit A." 40. In the Agreement signed by the Plaintiff and Defendants Country Manor West and GSP Management provision I under "Agreement" notes, "[a]ny signature affixed hereto by resident shall constitute an obligation upon all members for their immediate family and guests." 41. Defendant Tangi Stewart allowed Defendant Thaiwin Reid to move into her home at Country Manor West. 42. Defendant Reid resided at Defendant Tangi Stewart's residence at or near November 10,2002 and December 6,2002. 43. Defendant Tangi Stewart did not follow the provisions required under Country Manor West's Rules, Regulations and Agreements when a resident allows another individual to move in and/or reside at their resident for more than IS days. 44. Defendant Tangi Stewart violated Country Manor West's contract when she allowed Defendant Thaiwin Reid to move into her home. 45. Defendants Country Manor West, Country Manor, GSP Management Co., and York Community Management allowed Defendant Tangi Stewart to violate the contract. 46. In the "Rules, Regulations and Agreements" signed by the Plaintiff and Defendants Country Manor West and GSP Management provision 6 under "General" 7 notes, "[a]ny violation of federal, state, or local laws and ordinances resulting in a misdemeanor or felony conviction, or occurring on the property of Country Manor West, or related to Country Manor West will be considered a violation of these rules. . ." 47. Defendant Tangi Stewart's guest and/or new tenant, Defendant Reid violated provision 6 ofthe contract (under "General") when he broke into the Plaintiff's home on November 10, 2002. 48. The Plaintiff advised Defendant Middlesex Township, and Defendants Country Manor West, Country Manor, GSP Management Co., York Community Management and Frank Perano either directly or through their agents of the November 10,2002 break in. 49. Defendants Country Manor West, Country Manor, GSP Management, Middlesex Township and York Community Management had notice of this violation (the November 10,2002 break-in). 50. The Plaintiff reported the break-in to Defendant Middlesex Township through the Police Department. 51. In the Agreement signed by the Plaintiff and Defendants Country Manor West and GSP Management provision 3 under "Agreement" notes, "[r]esidents are required to comply with the Rules, Regulations, and Agreements. Any breach of these rules may result in a warning notice with a specific time frame in which the resident must return to compliance with the Rules, Regulations and Agreements. If the resident does not return to compliance within the specified time frame, each additional day of violation will be considered a new violation. Eviction proceedings may commence if a second or subsequent violation occurs with a six month period from the date of initial notice." 8 52. It is believed and therefore averred that Defendants Country Manor West, Country Manor, GSP Management and York Community Management did not follow provision 3 ofthe Agreement by providing notice and/or evicting Defendant Tangi Stewart and Defendant Reid as a result of both Defendants' failure to conform to the contract. COUNT 1- ASSAULT AND BATTERY 53. Paragraphs one (1) through fifty-two (52) are incorporated herein as if fully set forth. 54. "Assault is an intentional attempt by force to do an injury to the person of another, and a battery is committed whenever the violence menaced in an assault is actually done, though in ever so small a degree, upon the person." Cohen v. Lit Brothers, 70 A.2d 419, 421 (Pa. Super. 1950); See also, Sides v. Cleland, 648 A.2d 793,796 (Pa. Super. 1994). 55. On December 6, 2002, in the County of Cumberland, Defendant Reid assaulted the Plaintiff with a knife and a strangulation device. 56. Defendant Reid stabbed the Plaintiff multiple times and slit her throat more than once. 57. Defendant Middlesex Township is liable for this attack because while acting in the course and scope of his employment, Sergeant Kingsborough, as a police officer of the Middlesex Police Department entered into a special relationship with the Plaintff. 58. Defendants Country Manor West, Country Manor, GSP Management, York Community Management and Frank Perano are liable for this attack because of their relationship with the Plaintiff and their duty to protect her against such actions. 9 59. As a result of Defendant Reid's assault and battery, the Plaintiff suffered great pain. 60. As a result of Defendant Reid's assault and battery, the Plaintiff spent a substantial amount of time in the hospital. 61. As a result of Defendant Reid's assault and battery, the Plaintiff was forced to move from her home for a considerable amount of time. 62. As a further result of Defendant Reid's assault and battery, Plaintiff was forced to expend large sums of money in and about endeavoring to cure herself of her physical and mental injuries. 63. Plaintiff has endured severe physical and mental injuries. 64. Plaintiff was no longer mentally capable of residing in the same house after this attack. 65. Once an assault and battery has been established, the defendant is liable for the out-of-pocket expenses incurred by the plaintiffs as well as damages for pain and suffering endured by the Plaintiff. Dommes v. Zuroski, 38 A.2d 73 (Pa. 1944). 66. Generally, future medical expenses, where proven, are a proper element of damages. Boggavarapu v. Ponist, 542 A.2d 516 (Pa. 1988). 67. As a result of the Defendants' negligence Plaintiff has suffered physical injury, loss of her business, loss of personal effects and emotional trauma. 68. As a result of this attack, Plaintiff was obliged and may still be obliged to receive and undergo medical attention and care and to expend various sums of money and will incur various expenses for an indefinite period of time in the future. 10 69. As a further result of this attack, Plaintiff has suffered injuries which may be in full or in part permanent, irreparable, and severe. 70. As a further result of this attack, Plaintiff has suffered a severe loss of her earnings and/or impairment of her earning capacity and power. 71. As further result of this attack, Plaintiff has or may hereafter incur other financial expenses or losses. 72. As a further result of this attack, Plaintiff has suffered severe physical pain, mental anguish, loss oflife's pleasures, permanent scarring and may in the future continue to suffer same or similar injuries or darnages. COUNT 11- NEGLIGENCE 73. Paragraphs one (I) through seventy-two (72) are incorporated herein as if fully set forth. 74. "A cause of action in negligence requires allegations that establish the breach of a legally recognized duty or obligation that is causally connected to damages suffered by the complainant." Shamnoski v. PG Energv, Div. of South em Union Co., 858 A.2d 589,602 (Pa. 2004). 75. Where a party asswnes a duty, whether gratuitously or for consideration, and so negligently performs that duty that another suffers damage, the person or entity is responsible for the criminal conduct of another. Feld v. Merriam 485 A.2d 742, 746 (Pa. 1984). 76. Owners ofland who hold their property open to public for business purposes are subject to liability for accidental, negligent or intentionally harmful acts of third persons, as are common carriers, innkeepers and other owners of places of public resort \1 and, under section 344 of the Restatement (Second) of Torts, must take reasonable precaution against that which might be reasonably anticipated. Feld v. Merriam 485 A.2d 742 (Pa. 1984). 77. Therefore, Defendants Country Manor West, Country Manor, GSP Management, Frank Perano and York Community Management were under a duty to provide adequate security to protect the Plaintiff from the foreseeable criminal acts of third persons. 78. Defendant Reid broke in to the Plaintiff's home on November 10, 2002. 79. It is believed and therefore averred that Defendant Reid was involved with other similar behavior at or around that time. 80. The attack on the Plaintiff on December 6, 2002 was a foreseeable criminal act of a third person sufficient to illustrate the duty the Defendants all owed to the Plaintiff. 81. The Defendants breached their duty of care to the Plaintiff. 82. Such breach has caused and will continue to cause the Plaintiff damages as averred in paragraphs 67-72. COUNT III - BREAKING AND ENTERING 83. Paragraphs one (1) through eighty-two (82) are incorporated herein as if fully set forth. 84. On November 10, 2002, Defendant Reid without permission or authority, forcibly broke into and entered Plaintiffs dwelling house. 85. On December 6, 2002, Defendant without permission or authority, forcibly broke into and entered Plaintiff s dwelling house. 12 86. Defendants Country Manor West, Country Manor, GSP Management Co., York Community Management, Frank Perano and Tangi Stewart are legally responsible for this attack pursuant to paragraphs 1-72. 87. Defendant Middlesex Township is liable for the December 6, 2002 attack pursuant to paragraphs 1-72. COUNT IV - NEGLIGENT AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 88. Paragraphs one (1) through eighty-seven (87) are incorporated herein as if fully set forth. 89. The elements of a cause of action for negligent infliction of emotional distress include: (1) whether the plaintiff was located near the scene ofthe accident, (2) whether the shock resulted from a direct emotional impact upon plaintiff from the sensory or contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence, and (3) whether plaintiff and the victim were closely related. Love v. Cramer, 606 A.2d 1175, 1177 (Pa. Super, 1992). 90. The Plaintiff personally endured being attacked by Defendant Reid. 91. The Plaintiff was severely physically and mentally harmed and shocked as a result of being attacked by Defendant Reid. 92. As a result of the Defendants' actions and/or inactions, Plaintiff has suffered and will continue to suffer severe emotional distress. 93. But for Defendants Country Manor West, Country Manor, Middlesex Township, GSP Management, York Community Management, and Frank Perano failing 13 to take action after the November 10,2002 break-in, Plaintiff would not have suffered such distress. COUNT V - FALSE IMPRISONMENT 94. Paragraphs one (1) through ninety-three (93) are incorporated herein as if fully set forth. 95. The elements of false imprisonment are (I) the detention of another person, and (2) the unlawfulness of such detention. Renk v. City of Pittsburgh, 641 A.2d 289, 293 (Pa. 1994). 96. During her attack on December 6, 2002, the Plaintiff was physically detained in her home by Defendant Reid. 97. It was unlawful for Defendant Reid to physically detain her in her home. 98. Despite having notice of Defendant Reid's dangerous behavior, it failed to act in a manner that would protect the Plaintiff. 99. Through the actions and/or inactions of Sergeant Kingsborough, Middlesex Police Department and Middlesex Township entered into a special relationship with the Plaintiff. 100. Defendant Middlesex Township is liable for the actions and/or inactions of Sergeant Kingsborough through the doctrine of respondeat superior. 101. Sergeant Kingsborough acted in the course and scope of his employment with Middlesex Township when assuring the Plaintiff that she would be safe. 102. Defendant Middlesex Township is liable for Defendant Reid being in Plaintiffs home and falsely imprisoning her because, despite having notice of Defendant Reid's dangerous behavior it failed to act in a manner that would protect the Plaintiff. 14 103. Defendant Middlesex is therefore liable for Defendant Reid's actions that lead to the Plaintiffs false imprisonment on December 6, 2002. 104. Defendants Country Manor West, Country Manor, GSP Management Co, York Community Management and Frank T. Perano are responsible for the unlawful detention of the Plaintiff by Defendant Reid by failing to take appropriate actions to protect Plaintiff despite the knowledge they had or should have had about him. COUNT VI - PREMISES LIABILITY 105. Paragraphs one (I) through one hundred four (104) are incorporated herein as if fully set forth. 106. At all times relevant hereto, Defendants Country Manor West, Country Manor, GSP Management Co., York Community Management, and Frank T. Perano were in control, possession and/or was the owner of the premises located at Country Manor West in Cumberland County, Pennsylvania and it was the duty of the Defendants to keep and maintain the premises in a reasonably safe condition for its invitees and residents. 107. At all times relevant hereto, Defendants Country Manor West, Country Manor, GSP Management Co., York Community Management, and Frank T. Perano knew or should have known that Defendant Reid created a dangerous condition for residents such as the Plaintiff. 108. On or about December 6, 2002, Defendant Reid came on to Defendant's premises were he was residing with Defendant Stewart. 109. Defendant Country Manor through Defendants Country Manor West, GSP Management Co., York Community Management, and Frank T. Perano required all residence and visitors to check in at the Park Manager's Office. IS 110. Defendant Country Manor through Defendants Country Manor West, asp Management Co., York Community Management, and Frank T. Perano required visitors to stay no longer than fifteen days without notification. Ill. In the early morning hours of November 10, 2002, Defendant Reid broke into Defendant's trailer. 112. Plaintiff became concerned for both her and her son's safety. 113. Plaintiff reported the break-in to Country Manor West directly. 114. Plaintiff reported the break in to the Middlesex Police Department directly. 115. Defendants Middlesex Township, Country Manor West, Country Manor, asp Management, York Community Management and Frank T. Perano were either directly or constructively informed of the break-in. 116. Sergeant Kingsborough and the Middlesex Police Department assured her not to worry about Defendant Reid, and that she would be safe. 117. Defendant Country Manor West assured the Plaintiff not to worry about Defendant Reid, and that she would be safe. 118. At all times thereafter, Defendants Middlesex Township, Country Manor West, Country Manor, asp Management, York Community Management and Frank T. Perano knew or should have known that Defendant Reid posed a danger and threat to the Plaintiffs safety. 119. On or about December 6, 2002, Defendant Reid again broke into Plaintiff s residence. 16 120. During the December 6, 2002 break in, Defendant Reid brutally attacked the Plaintiff. 121. Plaintiff's injuries were the direct and proximate result of the carelessness and negligence of Defendant Middlesex Township, Country Manor West, Country Manor, asp Management, York Community Management and Frank T. Perano, their agents, servants, employees, and workers as follows: a. Failing to keep the premises in a safe condition for the use of lawful residents; b. Failing to provide adequate security protection for residents; c. Failing to monitor the property to ensure proper protection of lawful residents and visitors; d. Failing to hire, employ, or retain personnel sufficiently qualified to supervise the safety of the premises; e. Failing to give adequate warning to enable visitors and residents to avoid harm or otherwise protect themselves against such harm; f. Failure to reasonably act after notice of a dangerous individual visiting in the park; and g. Such other negligence as may be revealed through discovery. 122. Defendants Country Manor West, Country Manor, asp Management, York Community Management and Frank T. Perano, were at all times relevant hereto in exclusive possession and control of the area surrounding the park, the grounds on the park and by their failure to exercise reasonable care to protect plaintiff from the acts of third persons on its premises is responsible for Plaintiff's injuries. 17 123. The incident was caused solely by the carelessness, negligence, and/or recklessness ofthe Defendants and Plaintiffs injuries were in no manner or part whatsoever due to any failure or failure to act on the part of the Plaintiff who was told she would be safe. 124. As a result ofthe Defendants' negligence Plaintiff has suffered physical injury, loss of her business, loss of personal effects and emotional trauma. 125. As a result of this attack, Plaintiff was obliged and may still be obliged to receive and undergo medical attention and care and to expend various sums of money and will incur various expenses for an indefinite period of time in the future. 126. As a further result of this attack, Plaintiff has suffered injuries which may be in full or in part permanent, irreparable, and severe. 127. As a further result of this attack, Plaintiff has suffered a severe loss of her earnings and/or impairment of her earning capacity and power. 128. As further result of this attack, Plaintiff has or may hereafter incur other financial expenses or losses. 129. As a further result of this attack, Plaintiff has suffered severe physical pain, mental anguish, loss oflife's pleasures; permanent scarring and may in the future continue to suffer same or similar injuries or damages. 130. Plaintiff also demands such other damages that the court finds just at trial. 18 WHEREFORE, the Plaintiffs respectfully request this court to enter judgment for past, present and future pain and suffering; past, present and future medical expenses, loss of enjoyment of life; lost of past, present and future earning and savings potential; scarring and disfigurement; punitive damages, and costs in excess of $25,000.00. ABOM & KUTULAKIS, L.L.P. Attorney for Plaintiff 19 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED VERIFICATION I, Jennifer Smith, hereby verifY that the statements contained in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. /10../ los'" ~ Jdd~ ~ 20 Exhibit A 05/03/2003 10:45 71 75973938 COUNTRY MANOR WEST PAGE 02 ~ COUNTRY MANOR WEST 2 Appl. AlI.y Carli.I.. PA 17013 RULES. REGULATIONS AND AGREEMENTS REGISTRATION AND RENT: 1. By slat. law, all resldenll will be reglste...d althe County Tax OIIiee. 2. Residents may nOlaubl" the pl'lllmiees or any portion or part thereof. 3. Renl will be collaCled on the 7th of each month at the Office, paid monthly in advance. Residents occupying premises any portion of a month shall constiMe a full month rental. Cash payments accepted 9 A.M. 10 4 P.M Monday Ihrough Friday. A charge 01 $1 .00 per day will be added for lale payments. If full late charges are nOl paid wllh lale rent payment, e $10.00 blling charge be added 10 thelale charge invoice. 4. Only Ihose who are regislered '" the Office em pennllled 10 live In the home. Any persons nOI registered al the time 01 purchase conaltlute An Additional $20.00 per person per month lot rental. Guesta living in the home over 15 days conslltule Ihe extra charge. 5. No more than five people pIlr home are permitted. 6. The home must be the owne(a principal residence. PErS: 1. Only one houae pilI is permitted per home. No outside anlmel stte~er$. Absolutely no animal-silting. Animals lied oUlside or running loose ere not permitted. You must clean up AllAr your pet. OTHER CHARGES: 1. Each rAsldent is responsible for the cost of the WAler they llse. Rates are eslAbllshed by Middlesex Township, and each resident's consumption wWI be determined by actuAl meter reAdings. The quarterly minimum wUl be paid monthly in advance, And llXC8$S usage will be billed quartsriy. EACh 101 will be Aquippad wfth a water meter, which is pIlrk property. and residents will be reeponaible for loss of,theft or dsmage to the water mete,. 2. TV cable. water line snd sewer line repairs other than INITiAl INSTALLATION Are the resident's responsibility. Damage to theae nerne will be repA/red or replaced at the reeldenrs expense. 3. Any Alectrical service provided during placement of a home is adequate lor thaI home SII"-' lime. If sdditionAI service or rApAlrs become necess.ry, l'IIllultlng charges Ara the responsibility of the resident. 4. NAW residents must place a $100.00 security deposn upon registrAtion In ACCordance with the Landlord & Tenanl Act of 1951. 5. II certified lellers .... written due to rule violatlona, a lee of $20 will be charged. 6. A lee 01 $20 will be chArged lor checks that.,. ratumed by the bAnk, 7, A $20 minimum fee will be chArged for each Iawn-eUlting by Country Manor. B. TV rAcaptlon problems will be checked at your requasl. If the TV set I, ths problem. a Chalg8 of $38 pel hour will be charged. The resident Is responslbte for TV cAble maintenance on their lot. 9. Campers, boAts. travel trailers, etc.. mAY be stonsd in camper storage At an extrA ChArge, 10. In order to malnlAln lhe Appearance. health and SAfety ollhA community. Country Manor Wast reserves the right 10 conduct an Inspection of any home In the community. The trequency 01 home inlpactlons wilt nolexceed one Inspection per home In A two year period. The inllp9Cllon will Include the exterior appearAnce 01 the home and shed, and Ihe condnion of the home'S utll"ias, Any substandard ~erns will need to ba corrected in a specKled lime trame, shoUld the residant wish to keep the home In the convnunity. The lee for this inspaction will be $50,00, and will be charged to the residant .t thA time of the inspection. 11. Fees ststed herein may be Increased. subjact to 30 dAys prior written notice. LAWN AND WATER: 1. II ShAll be the resldenl'. responsibility to maintain sewer and walllr lines. Leaking spigots and lollels must be rApaired immedlalely to avoid sew.ge line freeze. 2. Do nol flush anything down yOUr drains suCh as rAgS, clolheS, hard papel, M!litary napkins or Ilems mAde of , plllStlc or rubber. Such bAms should be wrapped In pap4lr end depoeited in garb.ge cans, 3. No wading or IIwlmm/ng poolS Are permitted. A community poOl membership is included with \he rAnt. 4. Lawns must be kept neat. clean and mowed to A height of three inches at all limes. The managsment reserves the right 10 mow any lawn lhat is neglected at a cost 01 $2Q. 5. Garden hO$e m.y be uaed to water "'rubbery and flowers. TRAFFIC AND VEHICLES: 1. SPEED LtMITS and STOP SIGNS must be OBEYED. 2. NO repairing vehicles, changing 011 or overhAuling. Immobilized, dlll8bled. uninspected, unlicenSed or unused vehicles shan not bA permitted. and mUlt be removed wllhln 15 days. 3. Operating unconventional vehicles, (I.e. minibikes. dune buggies. snowmobiles, go-oarts) within Countoy Manor property Is prohib~ed. 4. Families with more than two VAhlelfl8 must psrk the third vehicle by the store. No street parking Is permitted. No commercial or larger IhAn 1/2 ton truck parking is permitted. Parking vehicles on pAtios 18 prohlb~ed. 05/03/2003 10:45 71 75973938 COUNTRY MANOR WEST PAGE 03 EXTERIOR IMPROVEMENTS: I. All homes mUll be Ikllled. New home sales and p.....owned home .....19* must have verticAl VINYL SKIRTING similar or AqUAIIO Mastic Or Evertock brand made exclusively for mobile homes. H~ches musl be removed when installing vinyl akirting. 2. METAL AWNINGS muet be similAr Or AqUA! to Oura.BI~ or Branslrator Aluminum prodUClS for mobl19 home use. WOODEN AWNINGS must be painted and have plywood roof, drtp edge on three sides, shingles, 4' wide guttArs and downspouts. 3. STORAGE SHEOS: Maximum one shed per lot required. Largest size pennttted 8' x 18'. Smallest size permitted 8' x 8'. They must be wooden, similar or eqUAl to Atkins or I.antt 88ms, of plywood construction, painted, with shingled roof, snd must be installed betore occupancy. If a larger shed 18 on tha 101 durtng rAAalA. consull Office tor ony approval. 4. NO ADDITIONS const~uting living space, lllther homemade or factory-bUlb, can be added. Exceptions ar. awnings and screen and/or gless rooms. No CArpOr18 permmed. 5. WINDOW AIR CONDITIONERS must be installed with Wal~mounted supports. No wooden ttenling from ground 10",,1 NO INSTALLATION ON THE STREE:TSIDE WINDOWS. 6. Consun Management concemlng improvements on 1019 such planting trees, ete.. due to underground wiring. Shrubbery must be plAnted five feet 011 Sll'99t to allow for snow remOVAl. All shrubbery plAntad by residents shall become the pfOp4lrty of the park and mAY not be removed. 7. PAINTING: Your home and adjacent structUI'llJl, if repaintld, must be Aimllarto current mobile home manufacturer color selactions or approved by Management. e. lIem Itl through 1t7 require a Country Manor BUIlDING PERMIT prior 10 start of improvement. UPKEEP: 1. Any home or adjacent structure nol presenting A nul Ind well-mAintained appearance Is considered in vlol8llon of pIlrk rules. Upon reclipt of written notice of the violation, should the homeowner fAil to eddrAsslhe violation In Itte lime f/'Aff\e specified, the home will be considered In violation agAin, and must be mmoved from the community. 2. No antennas of Any kind shall be installed on or near your nome. CB Antennas may be installed on your Shed, but no higher thAn home roof. 3. Nothing may be Slored on the patio or Around the outslde of your home. PlAce IIams in storage shed. 4. Any damage to the concmte patio, driveway, lawn, "ectrical, TV cable, or 108$ of shrubbery And trAe life shAll be the resident's responsibility. Any ~ema neglected will be repaired or replaced II the resldenrs expense. 5. Country Manor is responsible for the normal msintenAnce of your YArd light. Call the Office ff II does not light. LAUNDRY: 1. Clotheslines are prohl~ed, eXCllpt circular clothes trees, which must be In""'19d al mAr of home. 2. No children under 18 years are permitted In Ihe leundromlll unless ACCOmpanied by an adu~. GENERAL: 1. Only household garbage will be co'ected once a week. It must be kapt In A IJlI8h can w~ lid. Trash collection Ie.. is Included in monthly rent, Grasa clippings, tires, batteries, furn~ure And appliAnces are not collected with the household garbage. 2. No fences permilted. Concre" blocks ere not allowed for use AS steps. 3, Any home left abandoned And vaCAnt for 30 days is A viotallon of these rules. Each subsequent 30 day period Ihsllhe home is abendoned and vacant will be considered A new vIolAtion. 4. Realdanl8 ere reeponaible for the sCllons And behevior of their chidren, guests and pets. 5. Any behavior which dlSMba the pellCll and tranquility of the community Is prohibited. 6, Any violation of federal, ""te or local laws and ordinance. resulting In A mISdemeanor or felony conviction, or occurring on the property of Country MAnor West, or related to Country MAnor West will be considerAd a violation of these rules. Each occurrence wID be considered a new violation. 7, Operating any type of buAines8 18 prohlbned in the community. 8. BB guns, pellet guns, air r1fIA., slingshots or shooting of any kind Are prohl~ad in the comMUnity. 9. ServicA work complated at lI1a requaat of the resident must be paid within 30 dAys. 10. Yard trampolines And outdoor exercise aqulpmenl are prohibtled. STORAGE: 1, All campers, boat8, trailers, ate.. must be stored In the provided parking area or 011 community proplll1y. Storage fee nOllncluded In the rent. . 2. Home Heating Fuels: Flnawood neAtly stacked, maximum size pile 4' wide': high. Kerosene Is not permitted to be stored on the patio or around your home. SWIMMING POOL: 1. Rules. hours and tH. are posled at the pool. 05/03/20~3 1~:45 71 75973938 COUNTRY MANOR WEST PAGE ~4 RESALE: 1. Under Section 11 of Act 261. paril residents are free to aeft their ho",," 10 a boyar of their choosing. However. Country Manor Well! rnerves the right 10 screen and approve any Buyer prior 10 settlement, "the home is 10 remain in the community after the sale. Th. application for residency must be submittld by the Buyer at leaat 10 days prior 10 settlement. snd lhe Applicant must be approved prior 10 closing on th. home. "the appllcallon 16 nol ApprOvAQ, settlement mAy proceed and the ...e is valid. but the buyer will not be conslderAd s residAnt of the community, and the 110me must be removed immediately upon settlement. 2. On. 'For Sale" sign mAY be plAO.d In yourwindcw or front yard. The mllldmum sl%e 18' x 24", .Imilarto the standard .Ieel re'" .state sign. 3. AIi home. must have A utliHy sh$d. See STORAGE SHEDS, EXCEPTIONS Approvld by Office in writing for Ihese storing NOTHING outside. 4. No home mAy remain in Country Msnor II sold on a 'Sales Agreement." BUyAr must submft prool of ownership, suoh AS title. SECURITY DEPOSITS: 1. Security deposils of $100 musl be peid altime of occupancy In accordance wtIh the LandlordT.nant Acl of 1951. 2. REFUNDS will occur only wtten (e) a 3O-day WRlrrEN notice is received by Menagemenl prior to vacsllng Country Manor: (b) "I Items AS outlined in form "Instructions for Moving A Mobile Home' or "Ressla R.sldency' are completed. AGREEMENT: 1. Any signAture affIXed hereto by l'9$ident shall constftute an obligAtion Upon all members for their immadiale fAmily and quests, 2. Rules & Regula1ions will be amended periodically end will be pOStld in the LAundromat and MAnagement Office. Amendments .hall become a par'! of this agreement. The righ18 end duties .xpre.....d In Act 261 "Mobile H""", Rights Aclol 1976" apply to your resldancy a. CountIy Manor. 3. R.sidents are rAqulred to comply w~ the Rules, RegulAtions and Agreaments. Any breACh of these rules may resu~ in a warning notic. with a spec"1e time ftAmA in which the resident must retum to compliance with the Rules, Regulstions and Agreemenlll. If the resident does not return to complianc. within th. specified time frame. each additionel day of violation will be considared A new violation. Eviction proce.dlngs may commence" A second or subsequent violAtion occurs with a six month period from the dele of In"ial notice. 4. Country Manor ShAll not liable for any dAmAge or Injury which may be sustained by Ihe resldanl or any other person, as a consequence 01 th. tsllure. breal<age, leakage or ob8lruOllon 01 water. sewer, waale, TV cable, or Ihe .Iectrical. gAS or 011 syStem; or by reason olth. .'em.nts; or resulting from Ihe cerelessneas. negligence or improper oonducl on the part of any OIher resident's or other resident'. agenle, gu.sts. liCensees, invft..... or successors; or sttrlbutable to any interfemOCll w~h, InternJptlon of or failure, beyond control of Country Manor or any services to be lurnlshed or aupplied by Country Manor. R8lIidenl must obtAin the neoelSllry insurance against those contingencies. ~ GSP MANAGEMENT CO. P.O. BOX 276 KING OF PRUSSIA. PA 19406 IfWe have rAad the forgoing Rules & Regulations and agree to bACOm& A resident of Counlly Manor, ACcepting said Rules & R.gulations. lfWe agree thAI An said Rules & Regulations shen be part of rental agreement. IlWe acknowledge receipt of the attached copy of Act No. 261- Dete ~ ~d~-~ 9(;., Mr. MIs. ~^"~ '"" ~ ~'""'~u, Rev.9/9/96 05/03/2003 10:45 71 75973938 COUNTRY MANOR WEST PAGE 05 IMPORTANT NOTICE REQUIRED lilY LAW ACT NO. 281 'THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR LEASE OF OCClJPIINCV AGREEMENT WITH THIS MOBILE HOME PARK. THE Lt.W REQUiRES ALL OF THESE RULES TO BE FAIR AND REASONABLE. "YOU MA V CONTINUE TO ST AV IN THIS PARK AS LONG AS YOU PAY VOUR RENT ANO OTHER REASONABLE FEES, SERVICE CH"RGES AND ASSESSMENTS HEREIN"FTER SET FORTH AND ABIDE BY THE RULES OF THE PARK. ENTRANCE AND EXIT FEES MAV NOT IlE CHARGED. INSTALLATION AND REMOVAL FEES MAV NOT BE CHARGED IN EXCESS OF THE ACTUAL COST TO THE MOBILE HOME PARK OWNER OR OPERATOR FOR PROVIDINIl SUCH SERVICE FOR THE INST-"LLATION OR FlEMOVAL OF A MOBILE HOME IN A MOBILE HOME SPACE. 'YOU MAV BE EVICTED !'OR ANV OF THE FOU.OWING REASONS: '1') NONPAVMENT OF RENT. '2) A SECOND OR SUBSEQUENT VIOLATION OF THE RULES OF THE MOBILE HOME PARK OCCUMING WITHIN A SIX- MONTH PERIOD. '(3) IF THERE IS A CHANGE IN USE OF THE PARK DR lAND OR PARTS THEREOF '(4) TERMINATION DF MOBILE HOME PAFlK. 'YOU SHALL ONL V BE EVICTED IN ACCORDANCE WITH THE FOLLOWINIl PROCEDURES: ~ A RESIDENT SHALL NOT BE EViCTED BV ANY SELF-HELP MEASURE. '2 PRIOR TO THE COMMENCEMENT OF ANV EVICTION PROCEEDING, THE MOBILE HOME PARK OWNER SHALL TIFY YOU IN WRITING OF THE PARTICULAR BREACH OR VIOLt.TION OF THE LEASE OR PARK RULES BY CERTIFIED OR REIlISTEReO MAIL '(i) IN THE CASE OF NONPAYMENT OF RE"!!.. THE NOTICE SHALL STATE THAT AN EVICTION PROCEEDING MAY BE CClMMENCED IF THE MOBILE HOME RESIDE", I OOES NOT PAY THE OVERDUE RENT WI1'HIN 20 DAYS FROM THE DATE OF SEAVlCE IF THE NOTICE IS GIVEN ON OR AF'TEA APRIL 1 AND BEFORE SEPTEMBeR 1. AND 30 DAYS IF GIVEN ON OR AFTER SEPTEMBER 1 AND APRIL 1 OR AN ADDITIONAL NONPAYMENT DF ReNT OCCURRING WITHIN SIX MONTHS OF THE GIVING Of' THE NOTICE MAY RESULT IN IMMEDIATE EVICTION PROCEEDINGS. '(II> IN THE CASE OF A ElREACH Of' THE LEASe OR VIOLATION OF TH5 PARK RULES, OTHER THAN NONPAYMENT OF RENT, THE NOTIC5 SHALL DESCRIBE THE PARTlCULt.Ft BFtEACH Oft VIOLATION. NO EVICTION ACTION BE COMMENCED UNLESS YOU HAVE BEEN NOTIFIED foS ReOUIRED BY THIS SECTION, AND UPON A SECOND OR SUBSEQUENT VIOLATION Oft BREACH OCCuRFIlNG WITHIN SIX MONTHS. THE MOBILE HOME PARK OWNER MA'f COMMENce EVICTION PFIOCEEDINGS AT ANY TIME WITHIN eo OAYS OF THE lAST VIOLATION OR BREACH, 'VOU SHALL NOT BE EVICTED WHEN THERE IS PROOF THAT THE RULES YOU ARE ACCU55D OF VIOLATING ARE NOT ENFORCED WITH RESPECT TO THE OTHER MOBILE HOME RESIDENTS OR NONRESIDENTS ON THE PAFtK PFtEMISES. 'IN ADDITION. NO EVICTION PFtOCEEDING FOR NONPAYMENT OF RENT /MY BE COMMENCED AGAINST YOU UNTIL YOU HAVE RECEIVED NOTICE BY CERTIFIED OR REGISTERED MAIL Of' THE NONPAYMENT AND HAVE ElEEN GIVEN TO PAY THE OVERDUE RENT 20 DAYS FROM THE DATE OF SERVICE IF THE NOTICE IS GIVEN ON Oft AFTER APRIL 1 AND BEFORE SEI>TEMBER " AND 30 DAYS IF GIVEN ON OR AFTEFt SEPTEM!lER t AND !lEFORE APRIL 1. HOWEVER, ONLY ONE NOTICE OF OVERDUE RENT IS ReQUIRED TO BE SENT TO YOU DURING ANY SIX-MONTH PERIOD. IF A SECOND OR ADDITIONAL VIOLATIDN OCCURS WITHIN SIX MONTHS FROM THE IlATE OF THE FIRST NOTICE THEN EVICTION PROCEEDINGS MAY BE IMMEDIATELY STARTED AGAINST YOU. "YOU ARE ENTITLED TO PURCHASE GOODS OR SERVICES FROM A SELLER OF YOUR CHOice AND THE PAFtK OWNER SHALL NOT RESTFtICT YOUR RIGHT TO 00 SO. 'IF YOU DESIRE TO SEll YOUR MOBILE HOME. THE MOBILE HOME PARK OWNER MAY NOT PREVENT THE SALE "NO MAY NOT CLAIM ANY FEE IN CONNECTION THEREWITH, UNLESS THERE exiSTS A SEPARATE WRITTEN AGREEMENT. HOWEVEFt, THE MOBILE HOME PARK OWNEFt MAY RESERVE THE RIGHT TO A""Rove THE PURCHASEFt AS A RESIDENT IN THE MOBILE HOME PARK. 'ENFORCEMENT OF THE MOBILE HOME P"RK RIGHTS ACT IS BY THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLV"NIA OR THE DISTRICT ATTORNEY OF THE COUNTRV IN WHICH THE MOBILE HOME PAFtK IS LDCATED. YOU MAy ALSO !IRING A PRIVATI' CAUSE OF ACTION. IF YOUR RIGHTS ARE VIOLATED YOU /M Y CONTACT THE STATE BUREAU OF CONSUMEFt PROTECTION OR YOUFt LOCAl. DISTRICT ATTORNEY.' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and T ANGI STEWART, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John A. Abom, Esquire, of ABOM & KUTULAKIS, LLP, hereby certifY that I did serve a true and correct copy of the foregoing Complaint by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeffrey B. Rettig, Esquire (on behalf of Frank T. Perano, Agent GSP Management Company, Prank T. Perano, CEO of ATG Properties LLc (owner of York Community Management), and Prank Perano Individually) 126-128 Walnut Street Harrisburg, PA 17101 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) ScI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (via Kathy Treble) 2 Apple Alley Carlisle, P A 17013 21 Agent, Country Manor, Ltd. 2151 E. Lincoln Highway Middletown Twp., PA Keith O. Brenneman, Esquire (on behalf of Defendant Middlsex Township) Snelbaker & Brenneman 44 West Main Street Mechanicsburg, P A 17055 Tanji Stewart 543 Wert Street, Millersburg, P A Respectfully submitted, Date:~~ ABOM & KUTULAKIS, L.L.P. (~--- John A. om, Esquire 36 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID# 77961 22 , 15' ~. --r\ '[To; t7> /') ~ ;; t:;r-, ~ '-Q :> w 1'--) , . ~_..~- _...__...~..'"--'-'._~'~"~"'-';" < IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v, Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED PRECIPE TO ATTACH SUPPLEMENTAL CERTIFICATE OF SERVICE Please attach the following "Supplemental Certificate of Service" to Plaintiff Jennifer Smith's Complaint filed on February 28, 2005. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. ~/ John A. Abom/ 36 South Han Street Carlisle, P A 17013 Attorneyfor Plaintiff' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and T ANGI STEW ART, Defendants JURY TRIAL DEMANDED SUPPMENTAL CERTIFICATE OF SERVICE I, John A. Abom, Esquire, of ABOIv/ & KUTULAKIS. LLP, hereby certify that I did serve a true and correct copy of the foregoing Complaint by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeffrey B. Rettig, Esquire (on behalf of Frank T. Perano, Agent GSP Management Company, Frank T. Perano, CEO of ATG Properties LLc (owner of York Community Management), and Frank Perano Individually) 126-128 Walnut Street Harrisburg, P A 17101 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) Scl Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (via Kathy Treble) 2 Apple Alley Carlisle, P A 17013 2 . . Agent, Country Manor, Ltd. 2151 E. Lincoln Highway Middletown Twp., PA Robert G. Hanna, Jr. (on behalf of Middlesex Township) Lavery Faherty Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108 Tanji Stewart 543 Wert Street, Millersburg, PA Respectfully submitted, ABOM & KUTULAKlS, L.L,P. Date: p/iff3fS- .- "-- John A. Abom, sqUlre 36 S. Hanover reet Carlisle, Pennsylvania 17013 (717) 249-0900 ID# 77961 3 "'-' ~:,~: L!'\ ::17.: j~ ?:i -,',: :}= G) f',.';' - Robert G. Hanna, Jr., Esquire James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) ID# 17890 (RGH) ID# 53904 (JDY) rhanna@lavervlaw.com ivounq@lavervlaw.com Counsel for Defendant, Middlesex Township JENNIFER SMITH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants NO. 04-6083 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of James D. Young, Esquire, as co-counsel for the Defendant, Middlesex Township, in the above referenced matter. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. DATE: March 17,2005 By: U~ J~ ~NW Ja~~s D. ;;;:JJfifquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoung@laverylaw.com Attys for Defendant, Middlesex Township 2 .' . CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 17'h day of March, 2005, I served a true and correct copy of the foregoing ENTRY OF APPEARANCE via U.S. First Class mail, postage prepaid, addressed as follows: John A. Abom, Esquire Abom & Katulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Thaiwin Reid (SQFQ0304) SCI-Graterford P.O. Box 546 Route 29 Graterford, PA 19426 Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant, Frank T. Perano Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 3 Robert G. Hanna, Jr., Esquire James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) ID# 17890 (RGH) ID# 53904 (JDY) rhanna@lavervlaw.com ivounq@lavervlaw.com Counsel for Defendant, Middlesex Township JENNIFER SMITH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants NO. 04-6083 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Jennifer Smith, Plaintiff c/o John A. Abom, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 In accordance with Rule 1028(a)(1), Local Rules of Civil Procedure, you are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: ~~~ obert G. Hanna, Jr.'~squire James D. Young, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA17890 Atty No. PA53904 jyoung@laverylaw.com Attys for Defendant, Middlesex Township DATE: March 17,2005 Robert G. Hanna, Jr., Esquire James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) 10# 17890 (RGH) 10# 53904 (JOY) rhanna@lavervlaw.com jvounq@lavervlaw.com Counsel for Defendant, Middlesex Township JENNIFER SMITH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants NO. 04-6083 CIVIL ACTION - LAW DEFENDANT, MIDDLESEX TOWNSHIP'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Middlesex Township, by and through its attorneys, Lavery, Faherty, Young & Patterson, P.C., and files these Preliminary Objections to Plaintiff's Complaint and in support thereof aver as follows: 1. Plaintiff, Jennifer Smith, initiated this civil action by filing a Writ of Summons on or about December 3, 2004. 2. Named as Defendants in the Writ of Summons were Middlesex Township; Country Manor West; Country Manor, a Pennsylvania Corporation; GSP Management Co., a Pennsylvania corporation; York Community Management, a Pennsylvania corporation; Frank T. Perano; Thaiwin Reid; and Tangi Stewart. 3. On February 3, 2005, Defendant, Frank T. Perano, filed a Praecipe for Rule to File a Complaint. On that same date, the Cumberland County Prothonotary issued a Rule on the Plaintiff to file a Complaint. 4. On February 28, 2005, Plaintiff filed a Complaint containing six (6) counts and seeking compensatory and punitive damages against the Defendants. 5. The Complaint purports to assert claims for assault and battery (Count I), negligence (Count II), breaking and entering (Count III), negligent and intentional infliction of emotional distress (Count IV), false imprisonment (Count V), and premises liability (Count VI) against all defendants. 6. According to the Complaint, Plaintiff is an adult individual who currently resides in Harrisburg, Dauphin County, Pennsylvania. At the time of the complained of conduct, Plaintiff resided at 80 Cherry Lane, within the Country Manor West Trailer Park in Middlesex Township, Cumberland County, Pennsylvania. (Complaint ~~ 1, 5 and 16). 2 7. The Complaint also alleges that the trailer park is owned and/or managed by Defendant, Country Manor West, Country Manor, GSP Management Company, York Management Company and/or Frank T. Perano. 8. According to the Complaint, Defendant, Middlesex Township is a municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania. It is further alleged that Defendant, Middlesex Township, employed Sgt. Kingsborough as a police officer on its police department and at the times relevant hereto. The Complaint also asserts that Defendant, Middlesex Township is liable for the actions and/or inactions of Sgt. Kingsborough under the doctrine of respondeat superior. (Complaint 1Ml2-4). 9. The Complaint further alleges that Defendant, Tangi Stewart is an adult individual residing at 86 Cherry Lane, Carlisle, Pennsylvania 17013 and that Defendant Thaiwin E. Reid is an adult inmate incarcerated at the State Correctional Institution- Graterford. (Complaint,m 12-14). 10. According to the Complaint, on November 10, 2002, an unknown individual broke into Plaintiff's trailer and confronted the Plaintiff. After confronting the Plaintiff, the individual eventually left without physically harming the Plaintiff. At the time of the break-in, the Plaintiff did not know that the individual that broke into her home was Defendant Reid. (Complaint ~~ 17-21). 11. Plaintiff further alleges that she contacted the Middlesex Township Police Department and Sgt. Kingsborough responded to the scene. The Complaint asserts that Plaintiff provided a description of Defendant Reid to the Middlesex Township Police Department and Sgt. Kingsborough and they assured her that she was safe; not to 3 worry about her safety; and that they would find out who broke into her home. Plaintiff further alleges that Middlesex Township Police Department and Sgt. Kingsborough informed her that they would contact the Park Manager at Country Manor West. (Complaint ~~ 22-27). 12. According to the Complaint, Plaintiff also reported the break-in to the park manager at Country Manor West and also provided a description of Defendant Reid to the Park Manager. After listening to the description, the Park Manager at Country Manor West indicated that she knew who that unknown man was and where he was staying. (Complaint ~1l28-30). 13. Plaintiff alleges that both Defendants Middlesex Police Department and Country Manor West consistently assured Plaintiff that she would be safe. In reliance on those assurances, Plaintiff continued to reside at the same residence. (Complaint 111131-32). 14. On or about December 6,2002, Defendant Reid broke into Plaintiff's trailer and attacked her, stabbing and beating the Plaintiff multiple times. According to the Complaint, Defendant Reid sliced the Plaintiffs neck, strangled her and left her to die in a pool of her own blood. (Complaint mr 33-35). 14. During the attack, Plaintiff sustained severe injuries as a result of the attack, but eventually managed to escape to a nearby trailer, at which time she collapsed. (Complaint 111136-38). 4 Preliminary Obiections Pursuant to Rule 1028(a)(1) -- Improper Service of Process 16. Defendant, Middlesex Township, incorporates by reference the averments of paragraphs 1 through 15 of its Preliminary Objections to Plaintiff's Complaint as if fully set forth at length herein. 17. Pursuant to Rule 401 (a), Pennsylvania Rules of Civil Procedure, original process must be served within thirty (30) days of its issuance. 18. Rule 422(b), Pennsylvania Rules of Civil Procedure, govern service of process which provides: Rule 422. The Commonwealth and Political Subdivisions (b) Service of original process upon a political subdivision shall be made by handing a copy to (1) an agent duly authorized by the political subdivision to receive service of process, or (2) the person in charge at the office of the defendant, or (3) the mayor, or the president, chairman, secretary or clerk of the tax levying body thereof, and in counties where there is no tax levying body, the chairman or clerk of the board of county commissioners. 19. Rule 1 028(a)(1), Pennsylvania Rules of Civil Procedure authorizes a defendant to file preliminary objections asserting improper service of a writ of summons or a complaint. 20. Plaintiff filed her Praecipe for the Issuance of a Writ of Summons on December 3, 2004, which was just a couple of days prior to the expiration of the two- year statute of limitations. The Cumberland County Prothonotary's Office issued the 5 Writ of Summons on that same date. True and correct copies of the Praecipe for the Issuance of a Writ of Summons and the Writ of Summons are attached hereto, incorporated herein by reference and marked as Exhibit "A". 21. Plaintiff took no steps to serve the Writ of Summons upon Defendant, Middlesex Township, within thirty (30) days of the date of its issuance as required by the Pennsylvania Rules of Civil Procedure and the case law construing same. As a matter of law, the mere filing of the Writ of Summons, without making any attempt at service of same, is insufficient to toll the statute of limitations. See, Lamp v. Hevman, 366 A.2d 882,888-89 (Pa. 1976); McCreesh v. City of Philadelphia, 839 A.2d 1206 (Pa. Commow. 2003); Moses v. T.N.T. Red Star Express, 725 A.2d 792 (Pa. Super. 1999), Appeal denied 739 A.2d 1058 (Pa. 2000). 22. On January 18, 2005, the Cumberland County Prothonotary's Office reissued the Writ of Summons in response to a Praecipe filed by the Plaintiff. 23. By correspondence dated January 24, 2005, Plaintiff's counsel mailed a copy of the reissued Writ of Summons, along with an acceptance of service form to Keith O. Brenneman, the solicitor for Defendant, Middlesex Township. True and correct copies of the January 24, 2005, transmittal letter and the reissued Writ of Summons are attached hereto and incorporated herein by reference and are marked as Exhibit "B". 24. By correspondence dated January 26, 2005, Attorney Brenneman returned the signed and dated Acceptance of Service form, on behalf of Defendant, Middlesex Township, to Plaintiffs counsel. True and correct copies of the January 26, 2005, transmittal letter and executed Acceptance of Service form are attached hereto and incorporated herein by reference and marked as Exhibit "C". 6 25. Mary Justh, the secretary/treasurer for Defendant, Middlesex Township, has executed an Affidavit attesting to the fact that she is the official custodian of records for the Township. The Affidavit further attests to the fact that at no time between December 3,2004, and January 18, 2005, was the Writ of Summons in this matter ever served upon Middlesex Township. A true and correct copy of Mary G. Justh's Affidavit is attached hereto, incorporated herein by reference and marked as Exhibit "D". WHEREFORE, Defendant, Middlesex Township, respectfully requests that this Honorable Court grants its Preliminary Objections pursuant to Rule 1 028(a)(1), Pennsylvania Rules of Civil Procedure and dismiss Plaintiffs Complaint for improper service of process. Preliminarv Obiections Pursuant to Rule 1028(a)(4), Pennsvlvania Rules of Civil Procedure - Demurrer/Leqallnsufficiencv of a PleadinCl 26. Defendant, Middlesex Township, incorporates by reference the averments of paragraphs 1 through 25 of its Preliminary Objections to Plaintiff's Complaint as if fully set forth at length herein. 27. Defendant, Middlesex Township, asserts that it is readily apparent from the face of the Complaint that the claims asserted in Counts I through VI of Plaintiff's Complaint are barred by the immunity afforded by the Political Subdivision Tort Claims Act, 42 Pa.C.S. 3 8541 et.seq. 28. The Pennsylvania Supreme Court has characterized the purpose underlying the Tort Claims Act as the insulation of "political subdivisions from liability, except for injures sustained to persons or property in accordance with one of the 7 exceptions listed within m 8542(b}] of the Act". Walsh v. City of Philadelphia, 585 A.2d 454,461 (Pa.1991). 29. The Pennsylvania Supreme Court has also reiterated that the exceptions to immunity enumerated in !:;8542(b) of the Act must be construed strictly. See, Lindstrom v. City of Corry, 763 A.2d 394 (Pa. 2000); Lockwood v. City of Pittsburqh, 751 A.2d 1136 (Pa. 2000). Moreover, the burden of proof is on the plaintiff to establish that complained of conduct falls within one of the enumerated exceptions to immunity set forth in the Tort Claims Act. Mickel v. City of Philadelphia, 669 A.2d 520 (Pa. Commow. 1996), affd, 707 A.2d 1124 (Pa. 1998). 30. None of the claims asserted against Defendant, Middlesex Township in Counts I through VI of Plaintiffs Complaint falls within the purview of any of the eight (8) enumerated exceptions to immunity set forth in S 8542(b) of the Tort Claims Act. Consequently, Defendant, Middlesex Township is immune from liability as a matter of law on all of the claims set forth in Plaintiff's Complaint. 31. In the event that Moving Defendant's demurrer predicated upon the immunity afforded by the Tort Claims Act is overruled, then Count I of Plaintiff's Complaint also fails to allege any facts establishing a claim or cause of action for assault and battery against Defendant, Middlesex Township upon which relief can be granted. 32. In the event that Moving Defendant's demurrer predicated upon the immunity afforded by the Tort Claims Act is overruled, then Count II of Plaintiff's Complaint also fails to allege any facts establishing claims for negligence against Defendant, Middlesex Township, upon which relief can be granted. 8 33. In the event that Moving Defendant's demurrer predicated upon the immunity afforded by the Tort Claims Act is overruled, then Count III of Plaintiff's Complaint also fails to allege any facts establishing a claim for breaking and entering against Defendant, Middlesex Township, upon which relief can be granted. 34. In the event that Moving Defendant's demurrer predicated upon the immunity afforded by the Tort Claims Act is overruled, then Count IV of Plaintiff's Complaint also fails to allege any facts establishing claims for negligent and/or intentional infliction of emotional distress against Defendant, Middlesex Township, upon which relief can be granted. 35. In the event that Moving Defendant's demurrer predicated upon the immunity afforded by the Tort Claims Act is overruled, then Count V of Plaintiffs Complaint also fails to allege any facts establishing a claim or cause of action for false imprisonment against Defendant, Middlesex Township, upon which relief can be granted, 36. In the event that Moving Defendant's demurrer predicated upon the immunity afforded by the Tort Claims Act is overruled, then Count VI of Plaintiff's Complaint also fails to allege any facts establishing a claim for premises liability against Defendant, Middlesex Township, upon which relief can be granted. 37. Plaintiff's claims for punitive damages against Defendant, Middlesex Township, are barred as a matter of law. WHEREFORE, Defendant, Middlesex Township, respectfully requests that this Honorable Court grant its Preliminary Objections in the nature of a demurrer and dismiss Plaintiff's Complaint against Defendant, Middlesex Township, with prejudice. 9 Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: Robert G. Hanna, Jr., James D. Young, Esqul 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA17890 Atty No. PA53904 jyoung@laverylaw.com Attys for Defendant, Middlesex Township DATE: March 17,2005 10 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 1 ih day of March, 2005, I served a true and correct copy of the foregoing Defendant, Middlesex Township's Preliminary Objections to Plaintiff's Complaint via U.S. First Class mail, postage prepaid, addressed as follows: John A. Abom, Esquire Abom & Katulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Thaiwin Reid (SQFQ0304) SCI-Graterford P.O. Box 546 Route 29 Graterford, PA 19426 Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant, Frank T. Perano Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 ~'W!~~ A'g 'a D, Ho"",'e'. Lega' Secret"" to James D. Young, Esquire 11 "',,) ------ Robert G. Hanna, Jr., Esquire James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) ID# 17890 (RGH) ID# 53904 (JDY) rhanna@lavervlaw.com ivou nq@lavervlaw.com Counsel for Defendant, Middlesex Township JENNIFER SMITH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants NO. 04-6083 CIVIL ACTION - LAW APPENDIX OF EXHIBITS TO DEFENDANT. MIDDLESEX TOWNSHIP'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Exhibit A Praecipe for the Issuance of a Writ of Summons and the Writ of Summons Exhibit B Correspondence dated January 24, 2005, from John A. Abom, plaintiff's attorney, with reissued Writ of Summons Exhibit C Correspondence dated January 26, 2005, from Attorney Brenneman, along with the returned, signed and dated Acceptance of Service form Exhibit D Affidavit of Mary G. Justh, Secretary-Treasurer, Middlesex Township Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: ~~~ Robert G. Hanna, Jr.>J;-squire James D. Young, ESq~e 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA17890 Atty No. PA53904 jyou ng@laverylaw.com Attys for Defendant, Middlesex Township DATE: March 17,2005 2 0111112005 TUE ll: 59 FAX I4J 0021003 ~ec;C';'Ved at: 12~ 33m, "12115/2004 12115.12U04 U:42 FAX 31.5 6L._Jl&4 12/15/,B.. 11:57 61B2eGB65. lit'AC. INC 'is' MST CO --" (iOVAL elL I ! , 141006/001 p~ e~/14 IN nu;.00\JWd01r ~. n.J:AilI. CIJl\fMlRLA1ftl C01lJlfl'Y. 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J'\t;a$&~WIit'at'.. ,...ls1l1j...I'II.~ T' P"'--~ vIvlIllIOtIon. DIItr. /~/J/pY I I ia. JaIuI A.. A i :1" j J..{;o :~ B'oI 1-Be:I.BB!39!lB P...u:3a........Cfi ~QUBN "Iog'OT 100 az 0"(1 _ ABOlv1 & KUTULAKIS II. ATTORNEYS AT LAW January 24, 2005 Keith O. Brenneman Snelbaker & Brenneman, P.e. 44 West Main Street Mechanicsburg, P A 17055 .~ lir; V- Py Re: Middlesex Township (Case No. 04-6083 Civil Term) Dear Mr. Brenneman: You confirmed last week that you are willing to accept service on behalf of your client, Middlesex Township. Enclosed is a copy of the Writ of Summons issued in the above referenced case, Additionally, please sign the enclosed Acceptance of Service form and return it to my office in the self- addressed envelope. Sincerely, JAA/erb Enclosures REPLY To: 36 SOUTH Hi\NOVER STREET CARLISLE, PA 17013 1717\ 249.0900 EXHtBIT &, - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff v, MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants Case No: 04-6083 Civil Action - Law c py REISSUED PRAECIPE FOR WRIT OF SUMMONS TO: The Prothonotary of the Cumberland County Court of Common Pleas. Please reissue the writ of summons in the above-captioned civil action. Date: f/n/06 I I ABOM & KUTULAKIS, L.L.P. John A. A m, Esqu' e Attorney I . No. 77961 36 South anover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ,-, ,~:'.:;) , ~n ,- C) ~-'''J c~j ..J IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v, Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP C MANAGEMENT CO., a Pennsylvania Op.. y Corporation; YORK COMMUNITY . MANAGEMENT, a Pennsylvania Corporation; FRANK T, PERANO; THAIWIN REID; and T ANGI STEWART, Defendants REISSUED WRIT OF SUMMONS TO: Middlesex Township, 350 North Middlesex Road, Carlisle, P A 17013. Country Manor West, 2 Apple Alley, Carlisle, PA 17013. GSP Management Co., 2846 Maine St Box 12A, Morgantown, PA 19543, York Community Management, 2846 Main Street Box 12A, Morgantown, PA 19543. Country Manor, 3960 W. Chester Pike, Newton Square, PA 19073. Country Manor, 2151 E, Lincoln Hwy, Middletown Township, PA. Country Manor, Silver Spring Township, P A, 17013. Thaiwin E. Reid, (SQFQ0304) SCI Graterford, PO BOX 546, RT . 29, Graterford, P A 19426. Tangi Stewart, 86 Cherry Lane, Carlisle, PA 17013. Frank T. Perano, 2 Apple Alley, Carlisle, PA 17013. You are notified that Jennifer Smith, the plaintiff, has commenced an action against you. Date: ~ 3. ,:LOG c(" \ By: (Dep ty Prothonot A PR-OFESSIONAL CORPORATION \. ~ SNELBAKER 8 BRENNEMAN, r.c ATTORNEYS AT LAW ------------------------ 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-768l January 26,2005 John A. Abom, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, P A 17013 Re: Middlesex Township Smith v. Middlesex Township, et al No: 2004-6083 Civil Term, Cumberland County Dear Mr. Abom: Enclosed please find the signed and dated Acceptance of Service form which I have signed on behalf of Middlesex Township. Please note that although I have accepted service of the Writ of Summons in the above action on behalf of Middlesex Township, Middlesex Township will be represented in the matter by Robert G. Hanna, Jr., Esquire of Lavery, Faherty, Young & Patterson, 225 Market Street (Suite 304) Harrisburg, PA 17101. Please forward all future correspondence and communications concerning this matter to Mr. Hanna who should be entering his appearance on behalf of Middlesex Township in the action ifhe has not done so already. Yours truly, Keith O. Brenneman KOB:jjc Enclos cc: Robert G. Hanna, Jr., Esquire (w/enclosure) Mary G. Justh, Township Secretary (w/enclosure) EXHIBIT I e IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 Civil Term v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP CO'PY MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporalion; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Middlesex Township and certify that I am authorized 10 do so. January 26, 2005 Date II~ Keith O. Brenneman, Esquire Counsel for Middlesex Township Robert G. Hanna, Jr., Esquire James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) ID# 17890 (RGH) ID# 53904 (JDY) rhanna(ii)lavervlaw.com iVounq(ii)lavervlaw.com Counsel for Defendant, Middlesex Township JENNIFER SMITH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants NO. 04-6083 CIVIL ACTION - LAW AFFIDAVIT OF MARY G. JUSTH 1 EXHIBIT '-lL COUNTY OF CUMBERLAND STATE OF PENNSYLVANIA SS. AND NOW, comes Mary G. Justh, being duly sworn according to law deposes and say as follows: 1. I am the Secretary-Treasurer for Middlesex Township and have served in that capacity for seven (7) years. 2. As the Secretary-Treasurer, I am the official records custodian for Middlesex Township. 3. Among my duties and responsibilities as Secretary-Treasurer for Middlesex Township is to accept service of process on behalf of the Township on any civil lawsuits filed against it. 4. The Cumberland County's Sheriff's Office never served a Writ of Summons on the Township on the matter of Jennifer Smith v. Middlesex Township, a civil action docketed to No. 04-6083 in the Court of Common Pleas of Cumberland County. 5. At no time between the filing of the Writ of Summons on December 3, 2004, and the re-issuance of the Writ of Summons on January 18, 2005, did I accept service of process in connection with the civil action initiated by Jennifer Smith. The foregoing is based upon my own personal knowledge; it is true and correct to the best of my knowledge, information and belief; and I would be competent to testify to the matters asserted herein if called as a witness at a hearing in this matter. 2 Sworn to and subscribed to before me this /'l-1-h day of ffiev-c h , 2005. '-bQ"\.J.rv:,, Nota My commission expires: --'~--"'_...~- - "OT"-';!" ,..., n ."f'J"':L. ..),~.i-IL.. KAREN J. KIEHL, Notarv Public Middlesex Twp" ClJmbw:and CGun~~, My Commission Expires March 13, 20,,8 ~7hrl"A_ A 9---+1- Mary G. Justh Secretary-Treasurer Middlesex Township 3 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 17th day of March, 2005, I served a true and correct copy of the foregoing Appendix of Exhibit to Defendant, Middlesex Township's Preliminary Objections to Plaintiff's Complaint via U.S. First Class mail, postage prepaid, addressed as follows: John A. Abom, Esquire Abom & Katulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Thaiwin Reid (SQFQ0304) SCI-Graterford P.O. Box 546 Route 29 Graterford, PA 19426 Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant, Frank T. Perano Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 ( -1li~'kt~j'L~ Angela D. Horchler, Legal Secretary to James D. Young, Esquire 3 .-.- PRAECIPE FOR LISTING CASE FOR ARGUMENT IMlmt be typlwritten and BUtJnittlK! 1n duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl_ u.t the within IIlIItter for the llIIXt ~t Court. ---~~--_._----------------------------------------------------------------------------- CAPTION OF CASE (antin caption _t be sUited 1n t'uJJ.) JENNIFER SMITH, (P1a.intUf) VB. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST, a Pa, Corporation; GSP MANAGEMENT CO., a Pa. Corporation; YORK COMMUNITY MANAGEMENT, a Pa. Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, (Caf8llClllnt) No. 6083 Civil 2004 6 L State matter to be ~ ILe.. plaintiff'slIQtiOll for new trial. c1efendllnt's demurrer to complaint, etc.): Preliminary Objections of Defendant, Middlesex Township 2. Identify <XlUI18el wtD will argue l2lIe: la) for plainti!f: John A. Abom, Esquire ~: Abom & Katulakis, LLP 36 South Hanover Street Carlisle, PA 17013 lb) for dafan::lant: Addnu: See attached sheet. 3. I wUl notify all partias in writ1ng within blo ~ tMt th.ia c:ase hila been lis ted for azog\.IIIIIlt. 4. l\rglrnent Court Dllte: May 4, 2005 [)sted: March 17, 2005 ~~0 AttOI'lllly for Detendant, MIddlesex Twp. ..J. James D. Young, Esquire Robert G. Hanna, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. P. O. Box 1245 Harrisburg, PA 17108-1245 Attorney for Defendant, Middlesex Township Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant, Frank T. Perano Thaiwin Reid (SQFQ0304) SCI-Graterford P.O. Box 546 Route 29 Graterford, PA 19426 Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 . CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 1yth day of March, 2005, I served a true and correct copy of the foregoing Praecipe for Listing Case for Argument via U.S. First Class mail, postage prepaid, addressed as follows: John A. Abom, Esquire Abom & Katulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff Thaiwin Reid (SQFQ0304) SCI-Graterford P.O. Box 546 Route 29 Graterford, PA 19426 Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant, Frank T. Perana Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 ~, ~ ) fA .'. IV l L1-'\ ,~ Angela~ ~r, Legal Secretary to James D. Young, Esquire Defendants ~ IN THE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ~ CASE No: 04-6083 ~ ~ ~ CIVIL ACTION - LAW ~ ~ ~ ~ ~ ~ ~ ~ JURY TRIAL DEMANDED JENNIFER SMITH Plaintiff, v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, 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 ajudgment may be entered against you by the court without further notice, for any money claimed in the Complaint or for any other claim for 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JENNIFER SMITH Plaintiff, v, MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T, PERANO, THAIWIN REID; and TANGI STEWART, Defendants ~ IN THE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PENNSYL VANIA ~ ~ ~ CASE No: 04-6083 ~ ~ ~ CIVIL ACTION - LAW ~ ~ ~ ~ ~ ~ ~ ~ JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Tangi Stewart, by and through her undersigned attorneys, who file these Preliminary Objections to Plaintiffs Complaint pursuant to Pa.RCP 1028 (a)( 4): Preliminary Objections-Legal Insufficiency (Demurrer): 1. Preliminary Objections challenging the legal sufficiency of a pleading (demurrer) are available under a Pa.RCP 1028 (a)(4). 2. A demurrer is essentially an assertion that the pleading does not set forth a claim or cause of action, which, if proved would entitle the party to the relief sought. Greenspan v. United States Automobile Associatio, 324 Pa. Super. 315 (1984). Preliminary Objections in the fonn of a demurrer admit as truth for the purpose of the objections all well and clearly pleaded material, factual averments and all inferences fairly deduct well therefrom; conclusions of law and unjustified inferences are not admitted. (emphasis added). 3. Plaintiffs Complaint essentially alleges that Thaiwin Reid, intentionally stalked and brutally assaulted the Plaintiff, Jennifer Smith. Thaiwin Reid was convicted in criminal court for misconduct and is currently incarcerated. It is not alleged that Tangi Stewart, a young female, had anything to do with Thaiwin Reid's criminal conduct, and there is nothing alleged in Plaintiff's Complaint which could possibly lead any fact-finder to infer otherwise. Nevertheless, Tangi Stewart is named as a Defendant in this case for reasons that are not clear, even assuming for the sake of argument, that every will plead fact in the Complaint is true. 4. Plaintiff's Complaint at paragraphs 39 thru 44 seems to allege that Tangi Stewart signed the "Rules, Regulations and Agreements" (Plaintiff's Exhibit A) which somehow should have prohibited her from permitting Thaiwin Reid to be at her home on the date that Plaintiff was assaulted. 5. Apparently, Plaintiff is attempting to assert liability upon Tangi Stewart by alleging that, but for the alleged violation, the assault would not have occurred. This theory of liability is far too tenuous to support even the negligence claim and, more importantly for these Preliminary Objections, the claim it is not supported by Plaintiff's Exhibit "A", nor the facts avered in the Complaint. 6. While Plaintiff alleges how she and Defendant, Country Manor, signed the Exhibit "A" together, she sets forth no fact or evidence to indicate that Defendant, Tangi Stewart was a party to the Agreement attached as Exhibit "A". In fact, Exhibit "A" does not contain Tangi Stewart's name, signature, initials, or anything of the sort. Furthermore it is clear from the Plaintiffs Complaint that Plaintiff is being very careful not to allege that Tangi Stewart ever signed the Exhibit "A". 7. In addition, even assuming for the sake of argument, that Tangi Stewart's name was contained on the Exhibit "A", there are no facts avered in the Complaint to support an inference that she violated the rules at any point. More specifically, the rules essentially state that any guest who stays at the home of a resident will, presumably on the 15th or 16th day, also be considered as a resident, and therefore will be required to pay the twenty dollars ($20.00) surcharge per month. The facts alleged by Plaintiff indicate that the criminal in this case, allegedly stayed at Tangi Stewart's trailer for two (2) days for one day at a time, on two (2) separate dates. If this is true, then according to the Complaint itself, Tangi Stewart, certainly did not violate the rules which are attached as Exhibit "A", even assuming for the sake of argument that she signed them. The facts alleged in the Complaint, and so far as they relate to Tangi Stewart, simply do not amount to a violation of the rules attached as Exhibit "A". 8. There is no legally sufficient claim pled in Plaintiff's Complaint, or authorized at law, to support a claim against Tangi Stewart for the criminal conduct of Thaiwin. WHEREFORE, Defendant, Tangi Stewart, respectfully requests that this Honorable Court grant it's Preliminary Objections by way of demurrer and dismiss and strike Paragraphs 41 thru 44 from Plaintiff's Complaint, and strike Tangi Stewart's name from the Complaint since it is not avered in the Complaint that she is in any way responsible for Plaintiff's alleged injuries. . (\~""tfulIY' 'bmitt,d, ger R. Lagun ,\ r., Esquire Attorney for Defe ant Supreme Court LD. 0.: 75900 LAGUNA REYES MALONEY, LLP 1119 North Front Street Ramsburg, PA 17102 (717) 233-5292 , ~ CERTIFICATE OF SERVICE I hereby certifY that I did serve a true correct copy of the foregoing Preliminary Objections by depositing in first-class U.S. Mail to the followin John A. Abom, Esquire 36 S. Hanover Street Carlisle, PA 170I3 Date:3/t I ~ S t I ---- ~{f'-:'; -cf\ ~~~ " o c. ':.'?) '2:~, G- ~ 'J? -;cO 1" -- \~ A ~--I ""'l:'l, ""'1 ~.--- (\ . tf' -'J,(") --.J, \~~ ("{ -"'\'~ -~;. "L~.~~, ~'-) '-;..\ -0 -:.. .- ,. C::l o .....- ('("~ t~'i~_';' ~4 ~ ~ - . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PJT No. 2004-06155 DEFENDANT(S) DALE W. STAKE ANGIE M. STAKE ACCT. #0600960043 SERVE ANGIE M. STAKE AT 101 WEST MAIN STREET NEWBURG, PA 17240 Type of Action Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 A SERVED t Served and made known 10 t'l')~ eN. S'~ r-~,Defenillln~'Onthe~d:aYOf ~L\, ,200f:aIBI'3S:0'c!OCk-fm.,at 101 Wi Mad,) 5q--,) tJl:.vJb.IlC-') ,Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adnll in charge ofDefenilllnt(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place ofbusine:ss. An officer of said Defendant(s)'s company. J I Other: / /1 . f;\M'd-1 t.. SVClIC..t <0~lt k. Descriplion: Age.3Q Height S 0 Weight f 70 Race W~ Sex ather l 1 ~C'!' ~ j K.. I,C. \n-'A e-..;cx. l, n. ~. -:1yt.., ~~ I'-"C) j 7 u-.~ v,~ ,a compelentadult, being duly sworn according 10 law, depose and state that 1 personally handed a true and co t copy of the NOlice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAl. LUCIllE H. CARTY, NoIaryPublc LettlMkenny T~.lp. FI'lllIktn County My ~ t:xplIVS NoVo 10,2001 Sworn to and sUb~Zed,l/, befor~~ d:a~ v, of ,2 0-5" . /J/7---fl Notary:(p,dJG WiiC(, By: ~,;;A PLEASE ATTEMPT SERV4E AT LEAST 3 TIMES. INDICATE D ATTEMPTED. TrMES OF SERVICE NOT SERVED On the d:ay of ,200_, at o'clock_.m., Defend:anl NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2nd Attempt: / I Time: 3'd Attempt: I I Time: Sworn to and subscribed before roe this _ day "f . 200 _' Notary: By: Atlornev for Plaintiff Daniel G. Schmieg, Eoqnire - I.D. No. 62205 Plaintiff IN THE COURT OF COMMm PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JENNIFER SMITH v. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWINREID; and TANG! STEWART Defendants NO. 2004-6083-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, FRANK T. PERANO AND GSP MANAGEMENT CO" ERRONEOm Y NAMED AS GSP MANAGEMENT CO., A PENNSYL VANIA CORPORATION AND NOW, comes the Defendants, Frank T. Perano and GSP Management ( ., erroneously named as GSP Management Co., a Pennsylvania corporation, by and thr gh their attorneys, Hartman, Osborne & Rettig, P.C., to file the within Preliminary Objection and in support thereof states as follows: 1. Plaintiff commenced the above-captioned personal injury action by th tiling of a Praecipe for a Writ of Summons on December 3, 2004. 2. On February 2, 2005, undersigned counsel for Objecting Defendants ( tained a Rule to File a Complaint against the Plaintiff. 3. Plaintiff filed a Complaint on February 28,2005. 4. Generally, Plaintiff has alleged that Objecting Defendants owed a dut to her to keep her safe from attacks in her own home. 5. For the reasons set forth below, Objecting Defendants preliminary obj ct to Plaintiffs Complaint based upon Pa.R.C.P. 1028(a)(2) and (4). I. Demurrer to Count I of Plaintiff's Comolaint 6. A demurrer must be granted when the Court is certain that, as a matte oflaw, there can be no recovery upon the fa<:ts alleged. Hykes v. Hughes, 835 A.2d 382, 38 (Pa. Super. 2003). 7. Count I of Plaintiffs Complaint alleges a cause of action against Obj ting Defendants based on assault and battery. 8. There is no allegation that Objecting Defendants committed an assaul and battery upon Plaintiffs person. 9. Plaintiff has alleged that Defendant Reid committed the assault and b tery upon her person. See, paragraphs 55 and 56 of Plaintiffs Complaint. 10. As a matter of law there can be no recovery from Objecting Defendan under the facts as alleged in Count I of Plaintiffs Complaint as no basis of recovery has been s forth. 11. As pled, Count I is legally insufficient and should be dismissed. WHEREFORE, Count I is legally insufficient and should be dismissed becau no relief can be granted. II. Demurrer to Count III of Plaintiff's Comolaint 12. Count III sets forth a cause of action based on breaking and entering. 13. A demurrer must be granted when the Court is certain that, as a matte flaw, there can be no recovery upon the facts alleged. Hvkes, 835 A.2d at 383. 14. Breaking and entering is not a civil cause of action recognized in the 2 Commonwealth of Pennsylvania. It is a recognized crime in this Commonwealth. S ,18 Pa.C.S.A. 9 3502(a). 15. As a matter of law, there can be no recovery under the facts as allege . n Count III of Plaintiffs Complaint as there is no allegation that Objecting Defendants committ an act of breaking and entering. 16. As pled, Count III is legally insufficient and should be dismissed bec se no relief can be granted. WHEREFORE, Objecting Defendants respectfully requests that Count III of laintiffs Complaint be dismissed against him. III. Demurrer to Count V of Plaintifrs Complaint 17. Count V of Plaintiffs Complaint sets forth a cause of action against ~ecting Defendants based on false imprisonment. 18. A person may be found liable for the tort offalse imprisonment if the ctor: (a) intends to confine another within boundaries fixed by the actor; (b) his act directly or ndirectly results in such a confinement of another, and; (c) the individual confined is consciou of the confinement or is harmed by it. Crivellaro v. Pa. Power & Light Co., 24 Pa. D&C.3 590, 595 (Pa. Com. Pi. 1982); Restatement (second) of Torts 9 35. 19. Plaintiff has alleged that Defendant Reid falsely imprisoned her in he orne. See, Paragraph 97 of Plaintiffs Complaint. 20. Plaintiff has not alleged that Objecting Defendants did or intended to Isely imprison her. 21. As a matter of law there can be no recovery under the facts as alleged Count V 3 III III of Plaintiffs Complaint. WHEREFORE, Count V is legally insufficient and should be dismissed beca se no relief can be granted. IV. Preliminary Obiections to Counts I throul!h V based on Pa,R.C,P. 1028(~D(2) 22. Preliminary Objections are proper when a party fails to conform to a r Ie of court or law. ~ee, Pa.R.C.P. 1028(a)(2). 23. Pennsylvania Rule of Civil Procedure 1020(a) states: "[a] plaintiffm, state in the complaint more than one cause of action cognizable in a civil action against the sam defendant. Each cause of action and any special damage related thereto shall be stated in a separ te count containing a demand for relief." 24. Counts I through V of the Complaint fail to contain a demand relief. 25. As Counts I through V fail to conform to a rule of court or law, the co nts should be stricken. WHEREFORE, Objecting Defendants respectfully requests that Counts I thrc gh V be stricken. V. Preliminary Objections to Count VI based on Pa.R.C.P. l028(a)(2) 26. Preliminary Objections are proper when a party fails to conform to a r Ie oflaw or court. See, Pa.R.C.P. 1028(a)(2). 27. In Count VI of the Complaint, Plaintiffs ad damnum clause demands unitive damages based on a premises liability cause of action. 28. A court may award punitive damages only if the described conduct w "malicious, wanton, reckless, willful or oppressive." See, Chambers v. Mont<>omer 192 A.2d 4 355, 358 (Pa. 1963). 29. Punitive damages are not awarded for mere inadvertence, mistake, err rs of judgment which constitute ordinary negligence. Restatement (second) of Torts 9 90 (b). 30. Plaintiff has made no factual averment in Count VI that the conduct 0 the Objecting Defendants was malicious, wanton, reckless or oppressive. 31. Plaintiffs Complaint has failed to set forth facts sufficient to justifY p nitive damages. WHEREFORE, Objecting Defendants respectfully requests that the demand r punitive damages be stricken. Respectfully submitted, HARTMAN, OSBORNE & RE TIG. P.c. -' Attorneys for Defendant, rank T. Perano and GSP Manage ent Co. 5 CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certifY that I am this day serving a copy of e foregoing I document upon the person( s) and in the manner indicated below, which service I atisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy 0 same in the United States mail, first-class postage prepaid, as follows: John Abom, Esquire 36 South Hanover St. Carlisle, PA 17013 (Plaintiff's Attorney) Thaiwin Reid (SQFQ0304) SCI Gratorford P.O. Box 546 Route 29 Graterford, P A 19426 Robert G. Hanna Jr, Esquire Lavery, Faherty, Young & Patterson, P.c. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, P A 17108 (Attorneyfor Middlesex Township) Tangi Stewart 86 Cherry Lane Carlisle, P A 17013 HARTMAN, OSBORNE & RE IG, P.C. 3117/05- Jeffrey B. Rettig, E Supreme Ct. I.D. # 616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant Frank T. Perano ..~.. ,--, ~''-~ .~)! ': ii' ;.- f .~ \ '/1 ts.(~! ... C_ :Z ::<' () ~~ <. "'-' C:l S; C' -n -l I'l n1r:- ll~ ".u 'i~ ~-\(':J .~". :~:-i ":~~'l~ (-) -I :~~ ..... -" ""0 ;:''0 ", N -:; :x <.f? w " IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v, Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO" a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants RESPONSE TO DEFENDANT MIDDLESEX TOWNSHIP'S PRELIMINARY OBJECTIONS AND NOW, this 8th day of April 2005, comes the Plaintiff, Jennifer Smith by and through her attorney, John A. Abom, Esquire of ABOM & KUTULAKIS, L.L.P., and files her response to Defendant Middlesex Township's Preliminary Objections as follows: 1-14.1 Insofar as these averments replicate facts and arguments in the Complaint, these averments are admitted. Defendant Township's averments 1-14 are, however, only brief explanations of the content of the Complaint and are not complete. The Plaintiff does not admit to these averments insofar as it would limit the Complaint to those facts and statements Defendant pled in averments 1-14. 1 Defendant Middlesex Township inadvertenlly labeled avennent 14lwice. Plainliffwill assume Ihal it meanl for the second'" i4" 10 be labeled '"15." Therefore, Ihis response lechnically responds to avennents I - 15. For purposes ofclarily, Plainlifflabeled this section 1-1410 mirror Defendanl Middlesex Township's Objections. .' Defendant Townshio's Claim ofImorooer Service of Process 16. Plaintiff incorporates its answers to Paragraphs 1-14 as if set forth more fully herein. 17. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 18. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 19. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 20. Admitted insofar as this averment alleges that Plaintiff filed a Praecipe for the Issuance of a Writ of Summons in this matter on December 3, 2004. Plaintiff also admits that true and correct copies of the Writ of Summons and the Writ of Summons were attached in Defendant Township's Preliminary Objections as "Exhibit A." 21. Denied insofar as this averment alleges that, "Plaintiff took no steps to serve the Writ of Summons upon Defendant Middlesex Township, within thirty (30) days of the date of its issuance. . ." In fact, as the Certified Mail Receipt attached to these responses as "Exhibit A" illustrates, the Plaintiff first attempted service upon Charles Shughart as the chairman of Middlesex Towmship on December 13, 2004. That was ten days after the original Writ of Summons was issued, and well within the thirty (30) days required by the Pennsylvania Rules of Civil Procedure. Additionally, as illustrated by the Track and Confirm Status attached to these responses as "Exhibit B," the Writ was delivered on January 6, 2005 to Charles Shugart as the chairman of Middlesex Township. Rule 422(b)(3) notes that service of original process upon a political subdivision can be made by handing a copy to, 'the mayor, or the president, chairman, secretary. . ." Service ofthe first Writ of Summons was sufficient. In addition to successfully serving the first Writ of Summons, Plaintiff also successfully served the reissued Writ of Summons upon Keith O. Brenneman, Esquire as discussed in Responses to Defendant's averments number 23 and 24. 22. Plaintiff admits that, on January 18, 2005, the Cumberland County Prothonotary's Office reissued the Writ of Summons in this case, pursuant to a Praecipe filed by the Plaintiff. Plaintiff requested for the Writ to be reissued because a couple of defendants had refused service [other than Defendant Middlesex Township] and 30 days had passed since the issuance of the original Writ. 23. Plaintiff admits this averment insofar as she sent to Keith O. Brenneman, via Certified, Registered, Restricted and Return Receipt, the Reissued Summons. Keith O. Brenneman indicated to Plaintiff's counsel via telephone, that after consulting with Middlesex Township, he could accept service on its behalf. Moreover, Attorney Brenneman indicated in a letter dated December 28, 2004 that he had received correspondence from Chairman Charles Shugart regarding this matter. A true and correct copy of this letter is attached to these responses as "Exhibit C." 24. Plaintiff admits that Attorney Brenneman signed and dated the Acceptance of Service attached to these responses as "Exhibit D." Mr. Brenneman dated the Acceptance of Service January 26,2005. The Acceptance of Service notes, "I accept service of the Writ of Summons on behalf of Middlesex Township and certify that I am authorized to do so." Plaintiff subsequently prepared an Affidavit of Service, attaching the Acceptance of Service and filed it with This Honorable Court on January 31, 2005. The Plaintiff's Affidavit of Service is attached hereto as "Exhibit E." Attorney Brenneman also sent a letter dated '. January 26, 2005 indicating again that he had accepted service on behalf of Middlesex Township. This letter is attached hereto as "Exhibit F." 25. Plaintiff incorporates her responses in averments 21-25 insofar is it explains how Defendant Middlesex Township has been served in this matter. Just because Mary Justin, the secretary/treasurer of Defendant Middlesex Township did not obtain the Writ between December 3, 2004 and January 18, 2005, does not prove such service did not take place. In fact, averments 21 through 24 and their supporting exhibits illustrate that such service did take place. PlaintiWs Response to Defendant Township's Obiection Pursuant to Rule l028(a)(4) - Demurrer 26. Plaintiff incorporates its answers to averments 1 through 25 as if set forth more fully herein. 27. Denied. 28. Denied. The averments in this paragraph do not require an answer and therefore no response is required. 29. Denied. The averments in this paragraph do not require an answer and therefore no response is required. 30. Denied. The existence of a special relationship between a crime victim and the police provides an exception to the rule that the police have no duty to provide protection to specific individuals. Thomas v. Citv of Philadelphia, 574 A.2d 1205. Thus, the special relationship doctrine creates a common law cause of action. 31. Denied. Count I of Plaintiff's Complaint does not fail to allege facts that establish a cause of action for assault and battery against Defendant Middlesex Township upon which 4 . d d r Pennsylvania relief can be granted. The Complaint pled each of those facts reqUlre un e .' d " it and battery claim against law to create a claim upon which rehef can be grante lOr an assau Middlesex Township. 32. Denied. Count II of Plaintiff's Complaint alleges the facts to establish claims for negligence against Defendant Middlesex Township for which relief can be granted, The Complaint pled each of those facts required under Pennsylvania law to create a claim upon which relief can be granted for a negligent claim against Defendant Middlesex Township. 33. Denied. Count III of Plaintiffs Complaint alleges the facts to establish claims for breaking and entering against Defendant Middlesex Township for which relief can be granted. The Complaint pled each of those facts required under Pennsylvania law to create a claim upon which relief can be granted for a breaking and entering claim against Defendant Middlesex Township. 34. Denied. Count IV of Plaintiffs Complaint does not fail to allege any facts establishing claims for negligent and/or intentional infliction of emotional distress against Defendant Middlesex Township upon which relief can be granted. The Complaint pled each of those facts required under Pennsylvania law to create a claim upon which relief can be granted for a negligent and/or intentional infliction of emotional distress claim against Defendant Middlesex Township. 35. Denied. Count V of Plaintiffs Complaint does not fail to allege any facts establishing a claim for false imprisonment against Defendant Middlesex Township upon which relief can be granted. The Complaint pled each of those facts required under Pennsylvania law to create a claim upon which relief can be granted for a false imprisom claim against Defendant Middlesex Township. ~ 36. Denied. Count VI of Plaintiffs Complaint does not fail to allege any facts establishing a claim for premises liability against Defendant Middlesex Township upon which relief can be granted. The Complaint pled each of those facts required under Pennsylvania law to create a claim upon which relief can be granted for premises liability against Defendant Middlesex Township. 37. Denied. Punitive damages are not barred as a matter oflaw against Defendant Middlesex Township. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss each of the Preliminary Objections Defendant Middlesex Township has made against Plaintiffs Complain. ABOM & KUTULAKIS, L.L.P. (-.~ ----~- John A. A m 36 South anover Street Carlisle, P A 17013 Attorney No. 77961 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T, PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John A. Abom, Esquire, of ABOM & KUTULAK1S, LLP, hereby certify that I did serve a true and correct copy of the foregoing Responses to Defendant Middlesex Township's Preliminary Objections by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeffrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PAl 710 I Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, P A 19426 Country Manor West (via Kathy Treble) 2 Apple Alley Carlisle, PAl 70 13 Agent, Country Manor, Ltd. 2151 E. Lincoln Highway Middletown Twp., PA Robert G. Hanna, Jr. '" ..D Cl '" II"" ..D r'- LO U.S. PDstal Service"., CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . .' OFFiCIAL 3 b30 U'SE\ \ Poatage $ , ., -.. ~ ~~: .!i E[~' : \"ti;,:\t; 'i,...Postmark ,/ - ""'Here ",' ~::: "i> "- D ~.,fi, ~-/ ~\' ~ Cl Cl CJ Return Aeclept Fee (Endorsement Required) o Restricted Delivery Fee r-9 (Endorsement RequIred) .-'l m Certified Fee Total PoStage & Fees $ ~u 7 m ~ ;"f.~~v._~.t2~._~b~~I(:t..l_..::hw.f.~_.__.~._. or PO Box No. :::::R:D N. Iv\. \ Clclle c:.e.)l lZDL ~;SiiiiB;Zip;.;;ca;~;~"-"fA---;~D-i-3'''----'''-------''---' , . I:xhibit B USPS - Track & Confirm Page 1 of 1 a:!!!I UlVtT1.;D STd1'ES ~ POSTi.1LSERVfCE~ Track & Confirm Current Status Track & Confirm Enter label number: You entered 7003 311000045769 8068 Your item was delivered on January 06,2005 at10:43am in CARLISLE, PA 17013. Additional information for this item is stored in files offline. A proof of delivery record may be available through your local Post Office for a fee. ~ Track & Confirm FAa. Restoration Options ~ Restore Offline Item WhollsJhls1 Gtp . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright @ 1999~2002 USPS. AU Rights Resel'\led. Terms of USe Privacy Policy http://trkcnfrml.smi. usps.com/netdata-cgi/db2www/cbd _ 243.d2w/output 3/21/2005 USPS - Track & Confirm Page 1 ofl . iii:!!f!!II UNITED STJjTES ~ POSTl1L SERVrCE~ Track & Confirm "'''Uq, Shipment Details Track & Confirm Enter label number: You entered 7003 311000045769 8068 Your item was delivered at 10:43 am on January 06,2005 in CARLISLE, PA 17013. Detailed shipping information has been restored from files offline. Here is what happened earlier: Track & Confirm FAQs · UNCLAIMED, January 05,2005,1:15 pm, CARLISLE, PA · NOTICE LEFT, December 15, 2004, 3:17 pm, CARLISLE, PA 17013 · NOTICE LEFT, December 14, 2004, 3:17 pm, CARLISLE, PA 17013 . POSTAL INSPECTORS Pre-serving the Trust site map contact us government services Copyright @ 1999~2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/netdata-cgi/db2www/cbd24 3 .d2w/detail 4/8/2005 E:xhibit C SNELBAKER 8 BRENNEMAN, P.e. ~~@~~WrbV \ DEe 2 9 200'\ ~ ^ PROFESSIONAL CORPORATION t3 Y: ---------..-..-----. ATTORNEYS AT LAW 4A WEST MAIN STR.EET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH o. BRENNEMAN 717-697.8528 P. O. BOX 3J8 FACSIMILE (711) 697-7681 December 28, 2004 John A. Abom, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Re: Jennifer Smith Middlesex Township Dear Mr. Abom: This office represents Middlesex Township as its Solicitor. I have been provided a copy of the letter dated December 22, 2004 from you directed to Chairman Charles Shughart. Please be advised that Middlesex Township had forwarded earlier correspondence from your office to the Township's insurance carrier. Due to the absence of any activity on the matter, the carrier has closed its file. I note this to you because the information that you provided to Chairman Shughart is being forwarded to the Township's carrier directly; however, it is unlikely that a response can be formulated to your settlement demand within the twenty day period that you have specified. If you should have any questions, please feel free to give me a call. Yours truly, ~ Keith O. Brenneman KOB/sm CC: Board of Supervisors, Middlesex Township F~xhibit D IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 Civil Term v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporalion; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants ACCEPTANCE OF SERVICE ] accept service of the Writ of Summons on behalf of Middlesex Township and certify that I am authorized to do so. January 26, 2805 Date Iflt~ Keith O. Brenneman, Esquire Counsel for Middlesex Township E~~hibit E IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff v. MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; THAIWIN REID; and TANGI STEWART, Defendants Case No: 2004-06083 Civil Action - Law AFFIDAVIT OF SERVICE -c' ,~':.i r~:~ ('-1 n (- ", ~ C;:;. ';:"I.~ (-} -fl -, -~ rh:u -ph, :d<'lJ C)Cl ~::~~~, ~tl ;-~J ITi ":>0 ~;"J "-<': ,- ~;: co) --a -",," c,) \..:P I, John A. Abom, Esquire, hereby certify that I served a true and correct copy of the Writ of Summons pursuant to the Pennsylvania Rules of Civil Procedure, upon the following Defendant, receipt of which is acknowledged on the attached receipt cards. As of the date of this Affidavit of Service, each of the Defendants has been served. Served January 25, 2005 via certified mail Keith O. Brenneman, Esquire (Accepted Service on behalf of Middlsex Township pursuant to the Acceptance of Service affixed hereto) Snelbaker & Brenneman 44 West Main Street Mechanicsburg, P A 17055 Date: 1/5(10< I { Respectfully submitted, ABOM & KUTULAKIS ('~. /../.~._--_...- , -<:~::::c~~=1.-'-'-- - / -._-_....._~~...-- John A. Abgft{, Esquire - Attorney Lt>. No: 86914 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff '" !" (j) >l ~~. o ';:J 9- 3- ~ ttI Q ~ t CP ~ '3 ...... 3 'cJ ... ~ '" ~ -g " ~ ~ '" " ;::; ~ ~ o \ '" o -g " 3 :P ~ ~. ';l. ~f ~- ~ G ~ 3~. -<:>::5 oy~ ~ 8 1'" " ,. oTitfi'" l ;Ij'~"l' %\~~.~ 0. "~" " ;:: ~ '" ~. ~ ~ ~ ~ 0'Ql'0 ~ oRl-w ~ . tII-o "T\ ';) ~ m W. 9? If}, .- ~ s:. I< ~. ~- 9: o '$ m \ (j)1 ~ ~ (}>, ~ 0: g % ~ ~~\ ~ ~~ ~ ~ b~ ~ :> ~ ~ 0. ~ . . . ",,,,"'0 g~o~~O OQ.).....?.:l3 ::s U. ~ -<: J>.'g. .....,.,......o:+S- ~~,~~"Jl~. _UI ':1 ~ 't; a",g3~3 ?e?.~<Q5:ij'l ::;:;0....... ro--"" lP C ~~ o..~ ~......So.o~ (')':r?Q)(l)Q) t'i) t'i) ..., o-::=::J "OO"~'g-&O- ~~-()~-<~ :l"'\!lm !if>> ;:;.:9.,6-0o.1ii ~ =r5:..~ 0 $~ :y:::;"g . 3: g ttI ~3 ". ~. -0 ~ (tl W $" ~ 'ro n '" !" o ::;.Jj) -< \l'. mz . ~ ~ \l1 " . 0 00 ~% 00 5$~2\\ "'z~ ~ It o w ~~-g~ . (fl '" '" 0- ~ '3'5 '" ;"\ 'U ~ ~ ' cO OJ '" } ~ :P '" -0 ~ ~. ~ -"())f. 0<: 0 1) %~ c ~ '" OJ J~Y3 3 SO OJ 0- 00<2- 0- ~ '" ()j~~ (/) 5" -- '" '" 0- .;J to! ~ ~~ 'U to + '-~ ... ~ :S. . ~ @ .--0 :;- . . ,;; . ~ . K> cr . . ~ . -.:l r;::;l . . ~ ~ . . . . 5\ . \ . . 1!.~1.l . - - ~' ..' m o '-!; )>. ~ m '" -c- o '!\ f' (fl m ~ o m --- - - - - - - - - - - -uc"O'!1.\ ttI (1)0.... 3--o~%- ;;:.:{j)~g 'Z "''' o S'P~ ',-" 1'1~ ~' ~~. o t/l- ." " 0: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 Civil Term v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY: MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporalion; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Middlesex Township and certify that I am authorized to do so. January 26, 2005 Date lif1~ Keith O. Brenneman, Esquire Counsel for Middlesex Township F~xhibit F SNELBAKER <3 BRENNEMAN, r.c. t.._ :'1 l,i} lfii d~ ~:-r:'~ ~-? '\ ~< co:';, L'~J J..\ \:) L" i 1YJ C) ",' t:." ! ^ PROFESSIONAL CORPORATION 8 Y: ___.________________ ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYlVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. BOX3J8 FACSIMILE (717) 697-7681 January 26, 2005 John A. Abom, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Re: Middlesex Township Smith v. Middlesex Township, et al No: 2004-6083 Civil Term, Cumberland County Dear Mr. Abom: Enclosed please find the signed and dated Acceptance of Service form which I have signed on behalf of Middlesex Township. Please note that although I have accepted service of the Writ of Summons in the above action on behalf of MiddlesexToWlship,. Middlesex Township will be represented in the matter by Robert G.lIarina, Jr.; Esquire of Lavery, Faherty, Yoimg & Patterson, 225 Market Street (Suite304)Harrisburg,PA 17101. . . Please forward all future correspondence and communications concerning this matter to Mr. Hanna who should be entering his appearance on behalf of Middlesex Township in the action ifhe has not done so already. ~7~ Keith O. Brenneman KOB:jjc Enclosure cc: Robert G. Hanna, Jr., Esquire (wlencJosure) Mary G. Justh. Township Secretary (w/enclosure) (~ , ~> (~. c;") r:c->' Y" -':? :;Cl , co ~i;. ---) -( --:, o ." ..-< -r~ .." ::n "'f~ ''i.rT1 <'~r? (.~~~ C-' }'.'c\ .,\ ,;~'l _~,_'~ ,=-f\, , .\ ~.:; ~ -t'," r:"? C) 0' . . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO" a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T, PERANO, THAIWIN REID; and T ANGI STEWART, Defendants RESPONSE TO DEFENDANT FRANK T, PERANO AND GSP MANAGEMENT CO.'S PRELIMINARY OBJECTIONS AND NOW, this 8th day of April 2005, comes the Plaintiff, Jennifer Smith by and through her attorney, John A. Abom, Esquire of ABOM & KUTULAKIS, L.L.P., and files her response to Defendant Frank T. Perano and asp Management Co. 's Preliminary Objections as follows: 1. Admitted. 2. Admitted. Defendants Frank T. Perano and asp Management obtained the Rule to File a Complaint against the Plaintiff. 3. Admitted. Plaintiffs Counsel contacted the objecting Defendants whom obtained the Rule to File a Complaint against the Plaintiff and asked for a few day extension. Such request was granted. 4. Insofar as this averment attempts to replicate facts and arguments in the Complaint, this averment is admitted. This averment is, however, only brief a explanation of a portion of the content of the Complaint. The Plaintiff does not admit to this averments insofar as it would limit the Complaint to the summary within this averment. 5. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. Response to Defendants' Demurrer to Count I of Plaintiffs Complaint 6. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 7. Admitted. 8. Denied. Plaintiff avers in her Complaint, among other things, that Defendants GSP Management and Frank Perano are liable for the assault and battery because of their relationship with the Plaintiff and their duty to protect her against such actions. Plaintiff provided the sufficient facts in her complaint under Pennsylvania law that hold these Defendants liable and/or responsible for assault and battery. 9. Admitted. Plaintiff averred in her Complaint that Defendant Reid committed the assault and battery against her person, but also averred that Defendant's Perano and GSP Management were responsible for the harm and action for those reasons set forth within the Complaint. 10. Denied. Plaintiff set forth the basis for recovery in her Complaint. 11. Denied. WHEREFORE, Count I is not legally insufficient and should not be dismissed because Plaintiff sufficiently pled Count I against each Defendant. Plaintiff requests this Honorable Court dismiss Preliminary Objection I. Resoonse to Defendants' Preliminary Obiection to Count III of Plaintiff's Comolaint 12. Admitted. 13. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 14. Denied. Pennsylvania courts have allowed Plaintiffs to recover damages for breaking and entering. 15. Denied. The Complaint contains sufficient facts to allow Plaintiff to recover from Defendants Perano and asp Management the damages Plaintiff sustained as a result of the breaking and entering. 16. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. WHEREFORE, Plaintiff requests this Honorable Court to dismiss the Defendants' Preliminary Objection to Count III of Plaintiffs Complaint. Response to Defendants' Preliminary Obiection to Count V of Plaintiff's Complaint 17. Admitted. 18. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 19. Admitted. To the extent that Defendants allege this is the only averment Plaintiff claimed in Count V of her Complaint, this averment is denied. . . 20. Plaintiff alleged sufficient facts so as to make Defendant's Perano and asp Management liable for those damages she has faced as a result of being falsely imprisoned. Those facts are contained within Count V of the Plaintiffs Complaint, as well as the facts laid out at the beginning of the Complaint. 21. Denied. WHERFORE, Count V of Plaintiffs Complaint is legally sufficient and Plaintiff requests this Honorable Court dismiss Defendant's Preliminary Objection against Count V of the Complaint. Response to Defendants' Preliminary Objections to Counts I throueh V based on Pa,R,C.P, 1028(a)(2) 22. Denied. The averments in this paragraph do not require an answer and thereture no response is required. 23. Denied. The averments in this paragraph do not require an answer and thereture no response is required. 24. Denied. Plaintiff laid out each damage she sustained at the end of each count of her Complaint. Plaintiff reiterated each of the damages she seeks at the end of the Complaint. It is averred that the Complaint is sufficiently specific and complies with the applicable Rules of Civil Procedure. 25. Denied. This averments is a legal conclusion to which no answer is required. To the extent an answer is required, it is denied that the Complaint does not contain the demand for relief necessary to sustain these claims. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendants' Preliminary Objection to Counts I through V of the Complaint. Responses to Defendants' Preliminarv Objections to Count VI based on Pa,R.c.p. 1028(a)(2) 26. Denied. This averment does not require an answer and therefore no response is provided. 27. Admitted. 28. Denied. This averment does not require an answer and therefore no response is provided. 29. Denied. This averment does not require an answer and therefore no response is provided. 30. Denied. The facts in the Complaint speak for themselves. The facts alleged throughout the entire Complaint generally, and, in Count VI specifically illustrate the Defendants' recklessness. 3]. Denied. This averment does not require an answer and therefore no response is provided. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendants' Preliminary Objection to Count VI of the Complaint. ABOM & KUTULAKIS, L.L.P. -~- <-- -~ John A. Ab 36 South anover Street Carlisle, P A 17013 Attorney No. 77961 Attorney for Plaintiff . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY , PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John A. Abom, Esquire, of ABOM & KUTULAKIS. LLP, hereby certify that I did serve a true and correct copy of the foregoing Responses to Defendants' Frank Perano and GSP Management's Preliminary Objections by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeffrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PA 17101 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, P A 19426 Country Manor West (via Kathy Treble) 2 Apple Alley Carlisle, PA 17013 Agent, Country Manor, Ltd. 2151 E. Lincoln Highway Middletown Twp., P A .. . Robert G. Hanna, Jr. Lavery Faherty Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108 Roger R. Laguna, Jr., Esquire 1119 North Front Street Harrisburg, PA 17102 Date: r(~J~ Respectfully submitted, ABOM & KUTULAKIS, L.L.P. John A. om, Esquire 36 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID# 77961 (') ,-); ~ c;;:> ('j"1 :r"" -.,J ::;d I OJ _...\ --0 () -n .-1 __"T1 :-rlj""'c- _,_)~n -},CJ (~-'\ (:) __-'1'; ~_~_1 () _ rn -' ., 'ii f'.) CJ <..n ,'-'+-- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v, Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T, PERANO, THAIWIN REID; and T ANGI STEWART, Defendants RESPONSE TO DEFENDANT TANGI STEWART'S PRELIMINARY OBJECTIONS AND NOW, this 8th day of April 2005, comes the Plaintiff, Jennifer Smith by and through her attorney, John A. Abom, Esquire of ABOM & KUTULAKIS, L.L.P., and files her response to Defendant Tangi Stewart's Preliminary Objections as follows: 1. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 2. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 3. Insofar as this averment attempts to replicate facts and arguments in the Complaint, this averment is admitted. This averment is, however; only a brief explanation of a portion of the content of the Complaint. The Plaintiff does not admit to this averment insofar as it would limit the Complaint to the summary within this averment. Plaintitl . . .. specifically denies that Plaintiffs Complaint failed to allege Defendant Stewart was responsible for Defendant Reid's criminal conduct. 4. Admitted insofar as the Plaintiffs Complaint alleged, among other things that Plaintiff and Defendant Country Manor West signed the "Rules, Regulations and Agreements" (hereinafter "Agreement"). As a result, Defendants Country Manor West, Country Manor, York Community Management, GSP Management and Frank Perano were bound to the Agreement. Plaintiffs Complaint also avers that Defendant Stewart, implicitly or explicitly agreed to the Agreement either by signing the Agreement itself or by being bound the Agreement as a result ofliving at Country Manor West. 5. Denied. 6. Denied. See Response in paragraph four of this document. At this point in this suit, Plaintiff has been unable to obtain the actual Agreement signed by Defendant Stewart. It is believed and therefore averred that discovery will yield such a document. Moreover, even if discovery does not yield such a document, Defendant Stewart was still bound to the policies and rules of Country Manor West. 7. Denied. Plaintiffs Complaint does aver facts that Defendant Stewart violated the rules. Additionally, Plaintiffs Complaint does not limit the possibility that Defendant Reid lived and/or visited with Defendant Stewart for more than two days. 8. Denied. . . . WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendant Stewart's Preliminary Objections to Plaintiff's Complaint. ABOM & KUTULAKIS, L.L.P. John A. Ab m 36 South anover Street Carlisle, PA 17013 Attorney No. 77961 Attorney.for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and T ANGI STEWART, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John A. Abom, Esquire, of ASOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy ofthe foregoing Responses to Defendant Tangi Stewart's Preliminary Objections by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeffrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PA 17101 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (via Kathy Treble) 2 Apple Alley Carlisle, PAl 70 13 Agent, Country Manor, Ltd. 2151 E. Lincoln Highway Middletown Twp., PA Robert G. Hanna, Jr. Lavery Faherty Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108 Roger R. Laguna, Jr., Esquire 1119 North Front Street Harrisburg, PA 17102 Date:~/ Or- Respectfully submitted, ABOM & KUTULAKfS, L.L.P. L / John A. Abom, squire 36 S. Hanover treet Carlisle, Pennsylvania 17013 (717) 249-0900 lD# 77961 (;) t-' 0 (;;".::> c? -n eft :P"" ::? -u t11 """ >J p.;. , -ern :u9 C'J I_~) ( ., -;J -.j: ~~1 ...'.. ( r:~ >~\ ~A -^- ~ ...:...... C') ~{J -", -< (J, --<. . , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) JENNIFER SMITH, (Plaintifl) vs. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, (Defendants) No. 2004-6083, CIVIL Term State matter to be argued (i.e., plaintifl's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Frank T. Perano & GSP Management Co.'s Preliminary Objections 2. IdentifY counsel who will argue cases: (a) for plaintiff: Jeffrev A. Rettig. Esquire; Hartman, Osborne & Rettig, P.C. (Name and Address) 126-128 Walnut Street. Harrisburg, PA 17101 (b) for defendant: John A. Abom, Esquire: 36 South Hanover Street, (Name and Address) Carlisle, P A 17013 3. I will notifY all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June L 2005 /) fj./'vvv.1r'- vf1u.,,~ S ature Jennifer L. Cohen, Esquire Print your uarne Hartman, Osborne & Rettig, P.C. , 126-128 Walnut St. Harrisburg, PA 17101 Attorney for Defendants Frank T. Perano and GSP Management Co. Date l.~ 4-/ It /0<7 f .. CERTIFICATE OF SERVICE I, Jennifer L. Cohen, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisties the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: John Abom, Esquire 36 South Hanover SI. Carlisle, PA 17013 (Plaintiff's Attorney) Thaiwin Reid (SQFQ0304) SCI Gratorford P.O. Box 546 Route 29 Graterford, PA 19426 Robert G. Hanna Jr, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PAl 71 08 (Attorney for Middlesex Township) Roger R. Laguna, Jr., Esquire 11 19 North Front Street Harrisburg, P A 17102 (Attorney for Tangi Stewart) HARTMAN, OSBORNE & RETTIG, P.C. , U/J; By: J e tig, Esquire S reme Ct. I.D. #19616 Jennifer L. Cohen, Esquire Supreme Ct. I.D. #93019 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Dated: 'j-/fit/OS I / Attorneys for Defendants Frank T. Perano, GSP Management Co. and York Community Management Co. ('-..) ~~ (-.. ~..n 'li !; ~-1 :::;J ni -,) w I',) 0') ENNIFER SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; : GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; : FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants NO. 04-6083 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT MIDDLESEX TOWNSHIP TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY and OLER, JJ. ORDER OF COURT AND NOW, this 23'd day of May, 2005, upon consideration of the preliminary objections of Defendant Middlesex Township to Plaintiff's Complaint, and for the reasons stated in the accompanying opinion, the preliminary objections are sustained to the extent that Plaintiff's Complaint is dismissed as to Defendant Middlesex Township. John A. Abom, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, /J rif 'I " /~/\, / I' V Wesley Oler(J ., J. rs ., ;,' A Robert G. Hanna, Jr., Esq. James D. Young, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, P A 17108- I 245 Attorneys for Defendant Middlesex Township Jeffrey B. Rettig, Esq. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendants Frank T. Perano, York Community Management and GSP Management Co. Thaiwin Reid, FQ-0304 SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (Kathy Treble) 2 Apple Alley Carlisle, PA 17013 Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 J< .;J. 'I_oj A/rF~ /11/l-UA..~.UC ") ~ JENNIFER SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; : GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; : FRANK T. PERANO; THAI WIN REID; and TANG! STEWART, Defendants NO. 04-6083 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT MIDDLESEX TOWNSHIP TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY and OLER, JJ. OPINION and ORDER OF COURT OLER, 1., May 23, 2005. For disposition in this civil case are preliminary objections of Defendant Middlesex Township to Plaintiffs Complaint. Plaintiffs action, in tort, arises out of an incident in which she was allegedly intentionally injured by one Thaiwin Reid. The claims against Defendant Middlesex Township are premised upon the alleged existence of a "special relationship" between Plaintiff and the municipality, whereby the latter had promised her protection against such an eventuality. The preliminary objections of Defendant Middlesex Township (hereinafter Defendant) are in the form of (a) a motion to dismiss the complaint on the basis of a failure to pursue proper service of original process prior to the expiration of the . applicable statute of limitations and (b) a demurrer based upon governmental immunity under the Political Subdivision Tort Claims Act. This matter was argued on May 4, 2005. For the reasons stated in this opinion, Defendant's demurrer based upon governmental immunity under the Political Subdivision Tort Claims Act will be granted, and Plaintiff's Complaint will be dismissed as it relates to Defendant. STATEMENT OF FACTS The pertinent facts as alleged in Plaintiff's Complaint may be summarized as follows. On Sunday, November 10, 2002, a man named Thaiwin Reid, with whom Plaintiff was not acquainted, broke into Plaintiff's Middlesex Township residence, was confronted by her, and eventually left without harming her, I A Middlesex Township detective investigating the case attempted to reassure Plaintiff as to her safety and as to the police department's ability to find the perpetrator.2 With this reassurance, Plaintiff continued to reside in her residence3 On Friday, December 6, 2002, Reid again broke into Plaintiff's residence, and this time stabbed and beat her4 He is presently incarcerated in the state correctional institution at Graterford.5 According to Plaintiff's Complaint, "a special relationship" with Plaintiff was created on behalf of Defendant by its detective through his reassurance of Plaintiff as to her safety and the ability of the police to apprehend the perpetrator.6 \ Plaintiff's Complaint, paras. 16-19. 2 Plaintiffs Complaint, paras. 24-30. 3 Plaintiff's Complaint, para. 32. 4 Plaintiffs Complaint, paras. 33-35. 5 Plaintiffs Complaint, para. 12. 6 See Plaintiffs Complaint, para. 57; Plaintiffs Brief in Support of Her Response to Defendant Middlesex Township's Preliminary Objections at ] O. 2 DISCUSSION Under the Political Subdivision Tort Claims Act, as a general rule "no local agency shall be liable for any damages on account of any ir0ury to a person or property caused by any act of the local agency or an employee thereof or any other person." Act of October 5, 1980, P.L. 693, ~221(1), 42 Pa. C.S.A. ~8541. Exceptions to this general rule involve the following enumerated areas: (I) Vehicle liability.-The operation of any motor vehicle in the possession or control of the local agency, provided that the local agency shall not be liable to any plaintifftbat claims liability under this subsection if the plaintiff was, during the course of the alleged negligence, in flight or fleeing apprehension or resisting arrest by a police officer or knowingly aided a group, one or more of whose members were in flight or fleeing apprehension or resisting arrest by a police officer. As used in this paragraph, "motor vehicle" means any vehicle which is self-propelled and any attachment thereto, including vehicles operated by rail, through water or in the air. (2) Care, custody or control of personal property.-The care, custody or control of personal property of others in the possession or control of the legal agency. The only losses for which damages shall be recoverable under this paragraph are those property losses suffered with respect to the personal property in the possession or control of the local agency. (3) Real property. The care, custody or control of real property in the possession of the local agency, except that the local agency shall not be liable for damages on account of any injury sustained by a person intentionally trespassing on real property in the possession of the local agency. As used in this paragraph, "real property" shall not inclnde: (i) trees, traffic signs, lights and other traffic controls, street lights and street lighting systems; (ii) facilities of steam, sewer, water, gas and electric systems owned by the local agency and located within rights-of- way; (i ii) streets; or (iv) sidewalks. (4) Trees, traffic controls and street lighting.-A dangerous condition of trees, traffic signs, lights or other traffic controls, street lights or street lighting systems under the care, custody or control of the local agency, except that the claimant to recover mnst establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged with notice under the circumstances of the 3 dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition. (5) Utility service facilities.-A dangerous condition of the facilities of steam, sewer, water, gas or electric systems owned by the local agency and located within rights-of-way, except that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged with notice under the circumstances of the dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition. (6) Streets.- (i) A dangerous condition of streets owned by the local agency, except that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged with notice under the circumstances of the dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition. (ii) A dangerous condition of streets owned or under the jurisdiction of Commonwealth agencies, if all of the following conditions are met: (A) The local agency has entered into a written contract with a Commonwealth agency for the maintenance and repair by the local agency of such streets and the contract either: (i) had not expired or been otherwise terminated prior to the occurrence of the injury; or (ii) if expired, contained a provision that expressly established local agency responsibility beyond the term of the contract for injuries arising out of the local agency's work. (B) The injury and dangerous condition were directly caused by the negligent performance of its duties under such contract. (C) The claimant must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged with notice under the circumstances of the dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition. (7) Sidewalks.-A dangerous condition of sidewalks within the rights-of-way of streets owned by the local agency, except that the claimant to recover must establish that the dangerous condition created a 4 reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonable be charged with notice under the circumstances of the dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition. When a local agency is liable for damages under this paragraph by reason of its power and authority to require installation and repair of sidewalks under the care, custody and control of the other persons, the local agency shall be secondarily liable only and such other persons shall be primarily liahle. (8) Care, custody or control of animals.- The care, custody or control of animals in the possession or control of a local agency, including but not limited to police dogs and horses. Damages shall not be recoverable under this paragraph on account of any injury caused by wild animals, including but not limited to bears and deer, except as otherwise provided by statute.7 The issue of governmental immunity may be raised by preliminary objection where its applicability is apparent on the face of the pleading in question. Tiedeman v. City of Philadelphia, 732 A.2d 696,677 n.4 (Pa. Commw. Ct. 1999). "Our Courts have been reluctant to impose a general duty of care upon government employees to specific persons where the alleged duty is simply the protection of the public at large-i.e., society-from third-party criminal acts." Moore v. Dep'r of Justice, 114 Pa. Commw. 56, 66, 538 A.2d Ill, 116 (1988). "There is generally 'no duty resting on a municipality or other governmental body to provide police protection to any particular person.'" Thomas v. City of Philadelphia. 133 Pa. Commw. 121, 124,574 A.2d 1205, 1206 (1990). "A very narrow exception to this no-duty rule exists, but only where there are circumstances establishing a special relationship between the police and the victim." Idat 125, 574 A.2d at 1206. Thus, "the special relationship doctrine creates a common law cause of action [in favor of a crime victim and against a municipality] that, otherwise, would not exist." Johnson v. City of Philadelphia, 657 A.2d 87, 89 (Pa. Cornmw, Ct. 1995). To establish a "special relationship" of this type, a plaintiff: 7 Act of October 5, J980, P.L. 693, 9221(1), as amended. 42 Pa. C.S.A. 98542(b). 5 must demonstrate that the police were: I) aware of the individual's particular situation or unique status, 2) had knowledge of the potential for the particular harm which the individual suffered, and 3) voluntarily assumed, in light of that knowledge, to protect the individual from the precise harm which was occasioned. Melendez v. City of Philadelphia, 320 Pa. Super. 59, 65, 466 A.2d 1060, 1064 (1983) (italics omitted). "The two situations that provide exceptions to the no-duty rule are (I) to protect individuals who have aided law enforcement as informers or witnesses; or (2) where the police have expressly promised to protect specific individuals from precise harm." Thomas v. City of Philadelphia, 133 Pa. Commw. 121, 125, 574 A.2d 1205, 1206 (1990). However, even where a special relationship (and thereby a common law cause of action) is established, a claim against a municipality can not proceed unless it is within the purview of one of the eight exceptions to liability enumerated above. As concisely stated by the Commonwealth Court: The existence of a special relationship between a crime victim and the police provides a narrow exception to the rule that the police have no duty to provide protection to specific individuals. Thus, the special relationship doctrine creates a common law cause of action that, otherwise, would not exist. It does not eliminate the requirement that the plaintiff show that the alleged negligence falls within an enumerated exception to immunity. Johnson v. City of Philadelphia. 657 A.2d 87, 89 (Pa. Commw. Ct. 1995) (ernphasis added) (citations omitted). Thus, in a case of the type sub judice, in addition to demonstrating a "special relationship," a plaintiff "must [also] show that the alleged negligent conduct of the police ofticer falls within an exception to immunity. . . ." Id. In the present case, it does not appear to the court that Plaintiff has pled the type of special relationship which would support a common law cause of action against Defendant. Moreover, it is abundantly clear that Plaintiff has not pled 6 conduct on the part of Defendant or its employee within the scope of one of the eight exceptions to the general rule of governmental immunity. Accordingly, the following order will be entered.s ORDER OF COURT AND NOW, this 23rd day of May, 2005, upon consideration of the preliminary objections of Defendant Middlesex Township to Plaintiffs Complaint, and for the reasons stated in the accompanying opinion, the preliminary objections are sustained to the extent that Plaintiffs Complaint is dismissed as to Defendant Middlesex Township. BY THE COURT, sf J. Weslev Oler, Jr. J. Wesley Oler, Jr., J. John A. Abom, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Robert G. Hanna, Jr., Esq. James D. Young, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendant Middlesex Township Jeffrey B. Rettig, Esq. 126-128 Walnut Street Harrisburg, P A 17101 Attorney for Defendants Frank T. Perano, York Community Management 8 Because of the court's disposition of Defendant's preliminary objections on this ground, it is unnecessary to consider Defendant's other preliminary objection based upon service and the statute oflimitations. 7 # and GSP Management Co. Thaiwin Reid, FQ-0304 SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (Kathy Treble) 2 Apple Alley Carlisle, PA 17013 Tangi Stewart 86 Cherry Lane Carlisle, P A 17013 8 ~ . , JENNIFER SMITH, Plaintiff v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; : GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; : FRANK T. PERANO; THAIWIN REID; and TANG! STEWART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6083 CIVIL TERM IN RE: DEFENDANT FRANK T. PERANO & GSP MANAGEMENT CO.'S PRELIMINARY OBJECTIONS BEFORE HESS and OLER, n. ORDER OF COURT AND NOW, this I st day of June, 2005, following oral argument on the preliminary objections of Defendants Frank T. Perano and GSP Management Co., upon agreement of counsel, said preliminary objections are granted in part. Count I (Assault and Battery), Count III (Breaking and Entering), and Count V (False Imprisonment) are dismissed as to those two Defendants. Plaintiff is granted leave to file an amended complaint within 20 days which said complaint shall contain an ad damnum clause as to each count. Defendants' fifth preliminary objection is denied without prejudice. BY THE COURT, J. -. Ie, '-)1' I.d- 7_ ''''il7 _" .(, "" v ~iUl.Ju John A. Abom, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff .....",.. Robert G. Hanna, Jr., Esq. James D. Young, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PAl 7108- I 245 Attorneys for Defendant Middlesex Township Jeffrey B. Rettig, Esq. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendants Frank T. Perano, York Community Management and GSP Management Co. Thaiwin Reid, FQ-0304 SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (Kathy Treble) 2 Apple Alley Carlisle, PA 17013 Tangi Stewart 86 Cherry Lane Carlisle, P A 17013 :rc Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH v. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO, a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART Defendants NO. 2004-6083-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR RULE TO SHOW CAUSE WIlY PLAINTIFF'S COMPLAINT SHOULD NOT BE DISMISSED AND NOW come Defendants, Frank T. Perano and GSP Management Co. by and through their attorneys, Osborne & Rettig, P.C. to file the within Petition for Rule to Show Cause and in support thereof state as follows: I. Plaintiff commenced the above-captioned action by filing a Writ of Summons on December 3, 2004. 2. On February 2, 2005, undersigned counsel obtained a Rule to File a Complaint against the Plaintiff. 3. Plaintiff filed a Complaint on February 28,2005. 4. Thereafter, Defendants filed Preliminary Objections on March 17, 2005. 5. Oral argument was held in this matter on June 1,2005. 6. The Honorable J. Wesley Oler, Jr. issued an Order on June I, 2005 directing Plaintiff to file an Amended Complaint within 20 days from the date of the Order. 7. By way ofletter dated June 23, 2005, Plaintiff's counsel informed undersigned counsel for Defendants that he was aware that the Amended Complaint was late and had intended to file it after he received the signed Verification from the Plaintiff. See Exhibit "A" attached hereto. 8. On or about July I, 2005, undersigned counsel for the Defendants called Plaintiff's counsel to relay to him Defendants' intent to file the within Petition as Plaintiff had not filed an Amended Complaint within the time period set by the Court's Order. 9. Counsel for Plaintiff asked that defense counsel hold off filing the Petition as the Amended Complaint was to be filed the week of July 4, 2005. 10. As of yet, Plaintiff has not filed an Amended Complaint. II. An Entry of Judgement of Non Pros is proper as Plaintiff failed to file an Amended Complaint within the time constraints set by Judge Oler, Jr. 12. Concurrence to this Petition has not been given by Plaintiff's counsel. WHEREFORE, Defendants Frank T. Perano and GSP Management Co. respectfully request that this Honorable Court issue a Rule to Show Cause why Plaintiff's Complaint against them should not be dismissed for failure to follow an Order of Court. RespectflJllly submitted, OSBORNE & RETTIG, P.C. BY-J1~A~~ O-N~ nnifer . Cohen, EsqUIre upreme Ct. J.D. #93019 126-128 Walnut Street Harrisburg, P A 1710 I (717) 232-3046 Dated: I J /6/ D 5 I ! Attorneys for Defendants Frank T. Perano and GSP Management Co. 2 ABOM & KUTULAKIS . ATTORNEYS AT LAW June 23, 2005 RECEIVED JUN 27 Z005 Jeffrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PA 17101 Re: Jennifer Smith vs. Middlesex Township, et al. Case No.: 04-6083 Our File No.: 02-329 Dear Jeff: I am aware that the Amended Complaint in the above-referenced matter is due to be filed on June 21, 2005. Shortly after appearing in COUL"t, I spoke with my client regarding what had occurred and I subsequently forwarded to her a draft Amended Complaint for her review. I have repeatedly attempted to contact her over the past week seeking her to return to me a signed Verification which I have not received. Sincerely, JAAldem luJ'u' To 36 SOUTH HANOVER STREET CARLISLE, fA 17013 (717) 249-0900 106 WALNUT STREhl HARlUSBVRG, PA 17101 (717) 232-9511 FAX (717) 249-3344 CERTIFICATE OF SERVICE I, Jennifer L. Cohen, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indi(:ated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: John Abom, Esquire 36 South Hanover St. Carlisle, PA 17013 (Plaintiff's Attorney) Roger R. Laguna, Jr., Esquire 1119 North Front Street Harrisburg, P A 17102 (Attorney fiw Tangi Stewart) Thaiwin Reid (SQFQ0304) SCI Gratorford P.O. Box 546 Route 29 Graterford, PA 19426 OSBORNE & RETIIG, P.C. u~ BY~~ohen, Esquire c:tu;~me Ct. LD. #93019 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Dated: J / I 'Y /0 5 / I Attorneys for Defendant Frank T. Perano and GSP Management Co. -... 0 ...., c:.:> (J <;:;:;'.:> - ~~ -n '- ::;:! r- ~- -r- r- rll ~. ,," CJ .---' C) =:~ ! () ;:,.,; (..) ,--j r-h '--1 0 _":'~ -( __J N -< .._"~,.-_,-,,,,-,._,- "Q",_,'lIl'tl: ': : " JENNIFER SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO, a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART Defendants NO. 2004..6083-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this day of , 2005, upon consideration of the foregoing Petition, it is hereby ORDERED that: (I) A Rule is issued upon the Plaintiff to show cause why the Defendants are not entitled to the relief requested; (2) The Plaintiff shall file an Answer to the Petition within days of this date; (3) The Petition shall be decided under Pa.R.C.P. No. 206.7. (4) Notice of the entry ofthis Order shall be provided to all parties by Petitioning Defendants. BY THE COURT: J. JENNIFER SMITH, Plaintiff v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; : GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; : FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6083 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of July, 2005, upon consideration of Defendants' Frank T. Perano and GSP Management Co.'s Petition for Rule To Show Cause why Plaintiff's Complaint Should Not Be Dismissed, a Rule is hereby issued upon Plaintiff and remaining Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~hn A. Abom, Esq. 36 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff BY THE COURT, ~ A ~ ., J. tJMbert G. Hanna, Jr., Esq. James D. Young, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendant Middlesex Township ~nnifer L. Cohen, Esq. 126-128 Walnut Street Harrisburg, P A 17 I 0 1 Attorney for Defendants Frank T. Perano, York Community Management and GSP Management Co. >iwin Reid, FQ-0304 SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 ~mtry Manor West (Kathy Treble) 2 Apple Alley Carlisle, P A 17013 ~ger R. Laguna, Jr., Esq. 1119 North Front Street Harrisburg, PAl 7 102 Attorney for Defendant Tangi Stewart :rc I "-.I!'~r." .\3.1'.;'1' :~i'~(1J Q;f) :(' II I " ..... ,.,0 Z7 "1nr r:DU"] v h ~ JIJ v . UW,," 'I' .'.1.' :1' '1 '0 '\U\{.J..'~/I\\.,.'J ).;"V'."lf,~....lll ;j 3~)i:~~:O-Ujl\j IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAlWIN REID; and TANGI STEWART, Civil Action - Law Defendants JURY TRIAL DEMANDED And now comes John A. Abom, Esquire of Abom & KutuIakis, LLP, Attorney for PRAECIPIE TO WITHDRAW AS COUNSEL the Plaintiff in the above-captioned matter, who respectfully requests this Court pennit him to withdraw as Attorney for the Plaintiff and in support thereof, avers as follows: 1. On July 7, 2003, Plaintiff and undersigned counsel entered into an agreement whereby Plaintiff agreed to retain undersigned counsel for the purpose of commencing a civil suit in connection with iJUuries suffered by her on or between November 1 and December 14,2002. 2. As part of consideration of said agreement, Plaintiff agreed to cooperate with undersigned counsel, to be available for consultations with undersigned counsel and to keep undersigned counsel informed as to all current addresses and phone numbers used by Plaintiff. 3. As of January 2004, Plaintiff has received mail at 28 North 36th Street, Harrisburg, PA 17109. 4. On December 3, 2004, a Writ of Summons was filed by undersigned counsel in the above-captioned matter. 5. On February 28, 2005, undersigned counsel filed a complaint in this matter. 6. On May 23, 2005, this Court dismissed Middlesex Township as a defendant in the above-captioned matter. 7. Undersigned counsel forwarded to the Plaintiff a copy of the Court's order and opinion and asked Plaintiff to contact undersigned counsel. 8. Plaintiff did not contact undersigned counsel. 9. On June 1,2005, following consideration of Defendants Frank Perano and GSP Management's preliminary objections, Plaintiff was granted leave to file an Amended Complaint within 20 days of June 1,2005. 10. Undersigned counsel called Plaintiff a minimum of five times, left several messages for her and wrote to her two times for the purpose of discussing this case and to verify an Amended Complaint. II. Undersigned counsel has indicated in messages and in a letter to Plaintiff his desire to discontinue the above-referenced action. 12. Plaintiff did not respond to undersigned counsel's requests to contact him. 13. On July 25,2005, undersigned counsel received this Court's Rule to Show Cause why Plaintiff's Complaint should not be dismissed. 14. On July 26, 2005, undersigned counsel wrote to the Plaintiff at her last known address. 15. After receiving no reply to the July 26, 2005, letter, on August 2, 2005, undersigned counsel send a letter via first class mail and certified mail, return receipt requested to the Plaintiff's last known address. 16. No correspondence has ever been returned to undersigned counsel by the post office. Wherefore, undersigned counsel respectfully requests this Court to issue a Rule to Show Cause upon the Plaintiff, Jennifer Smith, to show cause why he should not be permitted to withdraw as counsel in the above-referenced matter and, further, to grant undersigned counsel leave to withdraw as counsel in the above-referenced matter. Attorney for Plaintiff CERTIFICATE OF SERVICE I, John A. Aborn, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipie to Withdraw as Counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jennifer Smith 28 North 36th Street Harrisburg, PA 17109 Jennifer Cohen, Esquire and Jeffrey B. Rettig, Esquire (on behalf of Frank T. Perano, Agent GSP Management Company, Frank T. Perano, CEO of ATG Properties LLC (owner ofY ork Community Management), and Frank Perano Individually) 126-128 Walnut Street Harrisburg, PA 17101 Edward Dennis, Unit Manager (on behalf of Thai win Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Roger Laguna, Jr., Esquire 1119 North Front Street Harrisburg, PA 17102 Attorney for Defendant Tangi Stewart Respectfully submitted, ABOM & KUTULAKIS, L.L.P. el;/loS-- Date:~ L c__ John A. Abo , Esquire 36 S. Han er Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID# 77961 o <;; ...~. -nG: cr~f.;\ '" ..J Z.C Cf'J ,'; ~"'-.~ r:':'C. '-. ~.t~'J YC Z -~ .-<. ,..., = ~ E G""l - - ~ ::? rn~ :B9 SRi ":t:-n i)o zrn ~?\ "JD :..:: ~ '9 C> cs' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED PRAECIPIE TO WITHDRAW Kindly mark the above-captioned matter as withdrawn. John . 36 S Hanover Street Carlisle, P A 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE I, John A. Abom, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipie to Withdraw as Counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jennifer Smith 28 North 36th Street Harrisburg, P A 17109 Jennifer Cohen, Esquire and Jeffrey B. Rettig, Esquire (on behalf of Frank T. Perano, Agent GSP Management Company, Frank T. Perano, CEO of ATG Properties LLC (owner of York Community Management), and Frank Perano Individually) 126-128 Walnut Street Harrisburg, PA 17101 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Roger Laguna, Jr., Esquire 1119 North Front Street Harrisburg, PA 17102 Attorney for Defendant Tangi Stewart Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Dolli f3!:>jor John A. Ab , EsqUire 36 S. Han r Street Carlisle, sylvania 17013 (717) 24 900 ID# 77961 a c :z; ;3 ~:~', ;;--::f" (/", ;, .-.",- r' .,.,..-~ ";'.~' ~~:.~, :2 :~ ~ . ...., = = """ :>> c::: G""' a ." ~ nl :1J .. -om :uCJ s::j6 :J:'" ():D 7'0 om -, 55 -< N -0 :J: ~ CT> IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA JENNIFER SMITH, Plaintiff Case No: 04-6083 v. Civil Action - Law MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a : Pennsylvania Corporation; GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO, THAIWIN REID; and TANGI STEWART, Defendants JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PRAECIPE TO WITH DRAW AS COUNSEL And now comes John A. Abom, Esquire of Abom & Kutulakis, LLP, Attorney for the Plaintiff in the above-captioned matter, who respectfully requests this Court permit him to withdraw a Praecipe to Withdraw as Counsel for the Plaintiff and in support thereof, avers as follows: 1. On August 11,2005, undersigned counsel filed a praecipe to withdraw as counsel in the above-referenced matter. 2. After said praecipe was filed with the Court, the Plaintiff called undersigned counsel. 3. After careful consideration, Plaintiff indicated to undersigned counsel her desire to withdraw the above-captioned matter and has authorized undersigned counsel to do so. 4. In conjunction with the filing of this Praecipe, a Praecipe to withdraw the above-captioned matter is being filed. Wherefore, undersigned counsel respectfully requests that this Court permit him to withdraw the Praecipe to Withdraw as Counsel fil<~d August 11,2005. Respectfully submitted, C John A. Ab 36 South Carlisle, Attorney for Plaintiff CERTIFICATE OF SERVICIj; I, John A. Abom, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipie to Withdraw as Counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jennifer Smith 28 North 36th Street Harrisburg, P A 171 09 Jennifer Cohen, Esquire and Jeffrey B. Rettig, Esquire (on behalf of Frank T. Perano, Agent GSP Management Company, Frank T. Perano, CEO of ATG Properties LLC (owner of York Community Management), and Frank Perano Individually) 126-128 Walnut Street Harrisburg, PA 17101 Edward Dennis, Unit Manager (on behalf of Thaiwin Reid) SCI Graterford P.O. Box 546, RT 29 Graterford, P A 19426 Roger Laguna, Jr., Esquire 11 19 North Front Street Harrisburg, PA 17102 Attorney for Defendant Tangi Stewart Respectfully submitted, Date: ~j:2105 ABOM & KUTULAKIS, L.L.P. c: John A. AbW ,Esquire 36 S. Han~t~r Street Carlisle, Pennsylvania 17013 (717) 249-0900 ID# 77961 (") ~ C5t,~:' t:} e',: --,,~ ~ r;~ '- ~:~t) :;" ~~; :2 ....., = = '"'" ;p- c: G"> ~ ~~ rllr=: 1)9 (:~)o --I-c; =r,-u {,.h '-sr-rt ~:~, ~ N -u :;r.; r:-? Ul OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, Esquire JelUlifer L. Cohen, Esquire 126-128 Walnut Street Harrisburg, P A 1710 I (717) 232-3046 (Fax) (717) 232-3538 Attomeys for Def"ndants, Frank T. Perano, York Community Management and GSP Management Co. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, v. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO, a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and TANGI STEWART, NO. 2004-6083-Civil Term CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE AND NOW come Defendants, Frank T. Perano, York Community Management, and GSP Management Co. by and through their attorneys, Osborne & Rettig, P.C. to file the within Petition to Make Rule Absolute and in support thereof state as follows: 1. Defendants filed a Petition for a Rule to Show Cause why Plaintiffs' Complaint should not be dismissed on or about July 15, 2005. 2. Defendants filed said Petition as Plaintiffhad failed to file an Amended Complaint as per the Order issued by Judge Oler, Jr., on June I, 2005. 3. Judge Oler, Jr. issued a Rule upon Plaintiff on July 22, 2005 to show cause why Defendants' requested relief, dismissal of the action, should not be granted. A copy of the Rule to Show Cause is attached hereto as Exhibit "A". 4. Said Rule has not been returned by the Plaintiff within the time limit set forth by Judge Oler nor has Plaintiff complied with the original Order on June I, 2005 to file an Amended Complaint. 5. Defendants now Petition this Honorable Court to issue an Order making said Rule Absolute. 6. Dismissal of this action is proper as Plaintiffhas failed to provide cause why said Rule should not be granted. 7. Concurrence to this Petition has not been given by Plaintiff's counsel. WHEREFORE, Defendants Frank T. Perano, York Community Management, and GSP Management Co., respectfully request that this Honorable Court issue an Order dismissing all of Plaintiff's claims brought against them with prejudice and any other relief this Court deems appropriate. Respectfully submitted, OSBORNE & RETTIG, P.C. .~~ ttig, Esquire reme . J.D. #19616 Jennifer L. Cohen, Esquire Supreme Ct. J.D. #93019 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: 112..'/ C5 / Attorneys for Defendants Frank T. Perano, York Community Management and GSP Management Co. JUt 2 5 =:Q5 JENNIFER S1'v1JTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 1'v1JDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; : GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; : FRANK T. PERANO; THAIWIN REID; and TANG! STEWART, Defendants NO. 04-6083 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day ofJuly, 2005, upon consideration of Defendants' Frank T. Perano and GSP Management Co.'s Petition for Rule To Show Cause why Plaintiffs Complaint Should Not Be Dismissed, a Rule is hereby issued upon Plaintiff and remaining Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, John A. Abom, Esq. 36 South Hanover Street Carlisle, PAl 70 13 Attorney for Plaintiff Robert G. Hanna, Jr., Esq. James D. Young, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendant Middlesex Township Jennifer L. Cohen, Esq. ~2 -128 Walnut Street arrisburg,PA 17101 Attorney for Defendants Frank T. Perano, York Community Management and GSP Management Co. Thaiwin Reid, FQ-0304 SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West (Kathy Treble) 2 Apple Alley Carlisle, PA 17013 Roger R. Laguna, Jr., Esq. II 19 North Front Street Harrisburg, PA 17102 Attorney for Defendant Tangi Stewart :re CERTIFICATE OF SERVICE I, Jennifer L. Cohen, Esquire, hereby certify that I am this day 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, first-class postage prepaid, as follows: John Abom, Esquire 36 South Hanover St. Carlisle, PA 17013 (Plaintiff's Attorney) Roger R. Laguna, Jr., Esquire I I 19 North Front Street Harrisburg, PA 17102 (Attorney for Tangi Stewart) Thaiwin Reid (SQFQ0304) SCI Graterford P.O. Box 546 Route 29 Graterford, PA 19426 OSBORNE & RETTIG, P.C. 'A~ ifer L ohen, Esquire - preme t. J.D. #93019 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Dated: f' /17/0 '5 Attorneys for Defendants, Frank T. Perano, York Community Management and GSP Management Co. "",:)':;' r"'" " 2~ 1~,_-. 1.'/, f ':~. !.:-.-;.( :':~..: (I PC: "Z ?. ..,.. '" """" o c, ....' = e,;;:. <J"' p c: G") ""'.. - <..Tl -0 :z <-t? Q, ~"" f1'e 1ll? ':)0 ~-:rl tj:l.t z~ 9 'fi ~ N JENNIFER SMITH, Plaintiff v. MIDDLESEX TOWNSHIP; COUNTRY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; : GSP MANAGEMENT CO., a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; : FRANK T. PERANO; THAIWIN REID; and TANG! STEWART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-6083 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of August, 2005, upon consideration of the Praecipe To Withdraw filed on August 12, 2005, by John A. Abom, Esq., attorney for Plaintiff, the Petition To Make Rule Absolute filed by Defendants Frank T. Perano, York Community Management, and GSP Management Co., is deemed moot. ~ A. Abom, Esq. 36 South Hanover Street Carlisle, PA 17013 /' Attorney for Plaintiff /I BY THE COURT, 'tj1i\,vt\"1ASNNld Al1f\lfiCY" '''''. c. ," ,,;~~':~jV'in8 9 S : II HV 61 8f1\1 ~nuz }tJ~lln'.'Y '1-'''' ~H.1.:l0 . "h'\ ....~ \ ".,~, ..1 , ....Jj ',...." ;...... ....~,'-< ..s ""i.l,\(',.rr:nl-l :J,,}.."..~..) \,.... -I FI1l Aobert G. Hanna, Jr., Esq. James D. Young, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorneys for Defendant Middlesex Township ~ifer L. Cohen, Esq. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendants Frank T. Perano, York Community Management and GSP Management Co. ~win Reid, FQ-0304 SCI Graterford P.O. Box 546, RT 29 Graterford, PA 19426 Country Manor West ~thy Treble) 2 Apple Alley Carlisle, PA 17013 Ager R. Laguna, Jr., Esq. 1119 North Front Street Harrisburg, PA 17102 Attorney for Defendant Tangi Stewart :rc